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Contents
Landlord Studio is an easy to use property management and accounting software designed for landlords.
Find and screen tenants, collect rent online, track income and expenses, run reports, and more - all for free.
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Like other states in the U.S., Arizona has its own laws that guide landlord-tenant relationships. Arizona Landlord-Tenant state laws provide both the renter and rentee with certain rights and responsibilities.
Below is an outline of some of the rights and responsibilities that landlords and tenants in Arizona enjoy.
Are landlords in Arizona required to give notice before entering the property?
Yes. In Arizona, landlords can only enter at acceptable hours, unless there is an emergency, and must give the renter two days' notice of their intention to do so. (A.R.S. § 33-1343)
Are landlords in Arizona allowed to enter the property to conduct maintenance and repairs?
Yes. In Arizona, unless there is an emergency, landlords are expected to give two days' notice before entering the property. (A.R.S. § 33-1343)
If the rent is not paid by the sixth day after the due date, the landlord may impose a penalty fee, not to exceed five dollars per day from the date of the rent. (A.R.S. § 33-1414)
Source: Arizona Residential Landlord and Tenant Act, Arizona Tenants' Rights And Responsibilities Handbook
SECTION 2
Arizona does not currently have any rent control law in place. Additionally, local governments in Arizona are prohibited from enacting rent control legislation. This allows landlords far greater flexibility in overseeing their week-to-week or month-to-month rental agreements. (A.R.S. § 33-1329)
Here is a brief rundown of the notice that Arizonan landlords must provide before raising rents:
According to Arizona rent increase laws, it becomes unlawful for landlords to increase rent in Arizona if:
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Source:Guide to the Arizona Residential Landlord and Tenant Act
SECTION 3
Under Arizona law, a lease is a legal document that specifies the obligations and rights of the landlord and tenant with regard to upholding a safe and healthy renting environment.
For leases lasting one year or longer, a written rental agreement is necessary; nevertheless, most Arizonan landlords create one regardless of the length of the tenancy.
Arizona rental owners are required to provide at least thirty days' notice before making any significant changes to a month-to-month contract, including raising the rent. Unless otherwise agreed, landlords with longer leases are not allowed to make alterations until after the lease expires and the new tenancy starts.
In order to terminate a month-to-month lease, either the tenant or the landlord must give written notice thirty days in advance of the end of the last month the tenant intends to occupy the rental property. It's crucial to remember that sublet and assignment clauses are not covered under Arizona rental legislation.
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Source: Attachment 14A: Arizona Residential Lease Agreement
SECTION 4
A.R.S. § 33-1321(a) states that a landlord in Arizona can ask a tenant for a security deposit up to one and a half months' worth of rent. This is the most that a landlord can request.
Additionally, security deposits in Arizona are refundable unless specified otherwise in the lease. However, landlords have to justify their need for such a payment.
At the end of the lease period, the landlord is obligated to reimburse any additional payments that were not specifically mentioned. Generally speaking, cleaning and pet deposits are nonrefundable fees.
In Arizona, a landlord has the option to request a pet deposit. In the event that they do, the entire deposit cannot exceed 1.5 months' worth of rent. (A.R.S. § 33-1321(a))
Arizona Revised Statutes §33-1321 allows landlords to lawfully take money out of a tenant's security deposit for the following purposes:
Landlords are not required by law to keep their renters' deposits in a specific manner. The deposit need not be kept in an interest-bearing account or at a financial institution by the landlord.
The landlord is required to give tenants an itemized list of all costs (if any) that they plan to deduct from the security deposit and refund the remaining amount within 14 business days after the move-out date and request for the security deposit return. (A.R.S. §§ 33-1321(D))
In the event that no forwarding address was supplied by the tenant, the landlord is expected to send the list of deductions and any sum owing to the address specified in the written request or to the tenant's last known address.
Landlords in Arizona are not required by state law to pay interest on security deposits.
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SECTION 5
A landlord may lawfully evict a tenant for the reasons listed below.
According to Arizona law, the landlord is expected to give the tenant a 5-Day Notice to Pay prior to initiating the eviction procedure for nonpayment of rent.
The eviction procedure ends if the tenant pays the rent within those five days. However, the landlord retains the authority to carry out the eviction procedure if the renter is not able to pay.
A 10-Day Notice to Comply is required from the landlord if a tenant breaches any of the provisions of the lease.
The eviction procedure ends if the renter promptly settles the problems. However, the landlord may proceed with the eviction if the tenants do not comply with the violations or vacate the property on schedule.
The landlord is required to give a formal written Arizona notice to quit if a tenant has participated in unlawful activity while occupying the property. It is up to the landlord how many days they offer a renter to leave.
Examples of illegal activities are:
Arizona law considers building, safety, health, and housing requirements. The landlord is required to provide a 5-Day Notice to Comply to the tenant in the event that they breach any of these codes, giving them time to address the situation.
Infractions under this could include:
Tenants must complete repairs or resolve the issue at the conclusion of the five-day period. The landlord has the right to carry out the eviction procedure if they are unable to do so.
Landlords have the right to give a tenant a standard Arizona eviction notice to vacate the property if they do not arrange for a renewal and continue to occupy the space even after their lease or rental agreement expires.
A landlord must provide the tenant a standard Arizona notice to quit in writing before they can sue for eviction. The notice must provide the tenant enough time to leave the property and clearly state the reason for the termination.
Landlords in Arizona are required to give written notice in the following circumstances:
Tenants must receive notices in a proper manner, such as by certified mail, hand delivery to the apartment, or posting on the property. The notice period starts the day after delivery.
Every eviction in Arizona goes through the same procedure. Below is an overview of what the Arizona Eviction Process looks like.
Source: Eviction Actions - Arizona Judicial Branch
SECTION 6
In Arizona, there's no restriction on how much a landlord can charge for an Arizona rental application fee, which includes a tenant screening cost. Also, the questions that they ask on the application are not governed by any legislation.
However, it is imperative for landlords to explicitly specify in writing to a renter whether the application fee is refundable or not. The tenant has the opportunity to request a refund if they get rejected, and Arizona rental applications are deemed refundable if the property owner does not say otherwise.
Furthermore, even though landlords are allowed to screen potential tenants, it's crucial to keep in mind that tenants are shielded from discrimination under the Fair Housing Act. So, asking for details like race, disability, or religion during Arizona rental applications could lead to discriminatory charges and legal issues.
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Source: SB1417 - 562R - I Ver |Arizona Legislature
SECTION 7
While tenants in Arizona are allowed to break a lease agreement for whatever reason, there could be legal consequences for doing so. However, there are several cases where it would be legal to break a rental agreement.
In Arizona, tenants who satisfy one of the conditions listed below may terminate their lease legally:
In Arizona, all rental properties are required to adhere to the "Safety and Health Codes." Before a new tenant moves in, the landlord is expected to ensure the rental property is in excellent shape.
Failure of the landlord to ensure the rental unit is safe and livable is considered as the landlord breaking the terms of the lease. In this event, the tenant can break the lease agreement.
Tenants who are relocated while serving may be protected by the Servicemembers Civil Relief Act. Essentially, active service members are covered by the SCRA from the time they report for duty until 30 to 90 days following their discharge.
Now, in Arizona, there is a specific procedure to follow in order to break a lease in this situation.
The renter is needed to establish that they will continue to be on active service for the next ninety days in addition to delivering the written notice to their landlord as per normal. They also have to demonstrate that they signed the lease before reporting for duty.
A signed letter from their commanding officer outlining the deployment procedure or a copy of the deployment orders must be attached by the tenants.
Remember that the renter could only be permitted to end the lease 30 days following the start of the subsequent rent period.
In Arizona, using an early lease termination clause to end a lease is thought to be the most secure course of action for both parties. Certain rental property lease agreements have explicit terms and conditions about terminating the contract early.
Arizonan landlords usually permit tenants to terminate a lease in exchange for a sum of money that the tenant agrees to pay as a "penalty." The Arizona landlord may be able to defray part of their costs in the interim until a new tenant is found, even if the penalty might not always be sufficient to cover the entire amount of rent due.
If a tenant can prove their landlord is harassing them or invading their privacy, they may be entitled to legally break the terms of the lease.
Typical instances include the following:
If a victim of domestic abuse wishes to terminate their lease early, Arizona protects them. However, they will first need to give their landlord verification of their status.
The landlord may nevertheless demand payment from the renter to vacate the rental property if they are unable to substantiate their allegations of domestic abuse.
A tenant may need to give you notice in order for you to get ready before breaking the terms of the lease lawfully. In Arizona, depending on the type of lease, your renter will have a certain amount of time to give you a written notice letter.
Source: War and National Defense Servicemembers Civil Relief Act, Arizona Landlord-Tenant Act.
SECTION 8
Here are some of the Arizona HOA laws that govern the creation and operation of HOAs in the state.
The Arizona Planned Communities Act regulates homeowner associations in the state and provides information on various topics related to planned communities, including the extent of assessment collection limitations, the upkeep of homeowner association records, the administration of these organizations, and meeting requirements. It is applicable to cooperatives, HOAs, and condominium associations, as well as all planned communities.
HOAs in Arizona are governed by the Arizona Nonprofit Corporation Act with regard to their corporate structure and operations. Condo associations in Arizona may be established as unincorporated organizations, for-profit or non-profit corporations, or as both. Nonetheless, since the majority of HOAs in Arizona are nonprofit institutions, they must observe the guidelines set forth in this statute.
There are regulations in existence in several states, including Arizona, that shield homeowners from discrimination in housing. The purpose of the Arizona Civil Rights Act was to protect citizens of Arizona from discrimination in public places, employment, and housing.
The act's Article 7 protects people's right to housing access without being denied on the basis of their race, gender, national origin, religion, color, or family status. Additionally, the federal Fair Housing Act, which also targets discrimination, is another act that regulates HOAs in Arizona.
Residents of Arizona now have a venue to settle disputes outside of the court system thanks to the Arizona Real Estate Administrative Hearings Act.
The Arizona Department of Real Estate, which has the statutory authority to arbitrate disputes between homeowners and homeowner or condominium groups, oversees the Homeowners Association Dispute Process.
A homeowner or association may request an investigation by the department into possible violations of the organization's bylaws or papers under A.R.S. § 32-2199.01. Any party that violates the applicable law, the HOA governing papers, or a contract provision may be ordered to comply by the administrative law court overseeing the case, and any such violations may result in civil penalties.
Sources
SECTION 9
Squatters' rights in Arizona are more intricate than in other states. The rights granted to squatters by laws in other states may not coincide with those that Arizona upholds.
According to Arizona squatters rights laws, a squatter must meet one of the following requirements in order to successfully file a claim for adverse possession:
Five general requirements must also be fulfilled by squatters:
Source: (ARS § 12-522 — 12-526)
SECTION 10
Below, you’ll find some helpful Arizona landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
