Arizona rental lease agreements are legally binding contracts governed by the ARS, Title 33, Chapter 3, also known as the Arizona Residential Landlord and Tenant Act. This Act provides a comprehensive legal framework that outlines landlords’ and tenants’ rights, obligations, and remedies. It covers various aspects, from rental payments and security deposits to property maintenance and lease termination.

Lease Agreements: By Type (6)

Landlord and Tenant Act, Simplified

The Arizona Revised Statutes Title 33, Chapter 3, and Chapter 10 serves as the governing body for rental lease agreements in Arizona. This comprehensive Act explains the various elements of a rental agreement, providing a clear framework for both landlords and tenants. Each segment of the Act meticulously outlines the obligations and responsibilities that both parties must adhere to during the tenancy.

Required Disclosures

The Arizona Landlord and Tenant Act, as well as other relevant federal laws, outline several critical disclosures that landlords must provide to tenants. Here’s a simplified breakdown of each:

Landlord and Manager Information (A.R.S. § 33-1322): The landlord or any person authorized to enter into a rental agreement on their behalf must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:

• • • The person authorized to manage the premises.
    • An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

Lead-Based Paint Disclosure: For any property built before 1978, landlords must provide tenants with an EPA-approved information pamphlet about lead-based paint hazards. Section 1018 of Title X requires disclosing any known information concerning lead-based paint or lead-based paint hazards. The landlord must also include a lead warning statement in the lease and provide the tenant with a lead hazard evaluation report if one exists.

Bedbug Disclosure (A.R.S. § 33-1319): Landlords must provide educational materials about bedbugs to existing and new tenants.

Move-In Checklist (A.R.S. § 33-1321): If a landlord collects a security deposit, the landlord must provide the tenant with a signed copy of the lease, a form to specify any existing damages, and written notification that the tenant may be present at the move-out inspection.

Disclosure of Landlord-Tenant Act (A.R.S. § 33-1322): The landlord must inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing’s website.

Rent Regulations and Guidelines

• Rent Payment (A.R.S. § 33-1314): Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is expected at the dwelling unit, and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.
• Rent Control: The state of Arizona has specific guidelines regarding rent control. As per A.R.S. § 33-1329, the state preempts the power to control rents on private residential property, meaning cities or towns do not have the power to control rents.

Security Deposits (A.R.S. § 33-1321)

• Deposit Limit: A landlord cannot demand or receive security, including prepaid rent, in an amount or value of more than one and one-half month’s rent. However, this does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
• Use of Deposit: Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent and all charges as specified in the signed lease agreement or as provided in this chapter; this includes the landlord’s damages due to the tenant’s noncompliance with the Dwelling Maintenance clause of Arizona Revised Statutes.

Terms and Conditions in a Rental Agreement (A.R.S. § 33-1314)

• Inclusion of Terms: The landlord and tenant can include terms and conditions not prohibited by this chapter or any other rule of law in a rental agreement. This includes rent, terms of the agreement, and other provisions governing the rights and obligations of the parties.
• Absence of Agreement: In the absence of a rental agreement, the tenant is required to pay as rent the fair rental value for the use and occupancy of the dwelling unit.
• Tenancy Term: Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent and, in all other cases, month-to-month.
• Authorized Contact: The landlord may request, and the tenant may provide and routinely update, the name and contact information of a person the tenant authorizes to enter the tenant’s dwelling unit to retrieve and store the tenant’s property, including the tenant’s animal, if the tenant dies or is otherwise incapacitated.