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Arizona Landlord-Tenant LawsArizona landlord-tenant laws are landlord friendly. There are an estimated 5.4 million residents in Arizona. Arizona has several big cities, including Phoenix and Tucson. Phoenix has an estimated population of 1,514,208 (19% of which is renter occupied), and Tucson has a population of 520,116 (51.2% of which is renter occupied). This guide will outline the laws both landlords and tenants should know about in Arizona. Streamline Rent Collection for Your Rental Easily collect rent payments and other rental fees from tenants with a rent collection app.
Security Deposit Laws in ArizonaIs a security deposit required under Arizona law? The landlord is not required to collect a security deposit. If the landlord decides to charge a security deposit, he or she must comply with certain requirements, explained more fully below. Any nonrefundable fee the landlord chooses to charge must be in writing in the rental agreement (this includes any prepaid rent or security deposit). Is there a limit to the security deposit amount? The deposit amount cannot exceed more than one and one-half month’s rent for a deposit and any prepaid rent combined. Storage Requirements for Security Deposits in Arizona There aren’t any laws addressing the storage of security deposits. Can security deposits be commingled with other assets in Arizona? Landlords are permitted to commingle the tenant’s security deposit with any of their personal assets. However, the results of our landlord survey reveal that most landlords decide not to commingle their personal assets with the tenant’s security deposit: Do landlords have to pay interest on security deposits in Arizona? The tenant is not entitled to any interest accumulated on their security deposit. When must a landlord return the deposit by in Arizona? The landlord is required to return either part or all of the security deposit to the tenant 14 days (excluding Saturdays, Sundays or other legal holidays) after termination of the lease. If the landlords fails to lawfully return the balance of the security deposit, the tenant may recover the property and money due the tenant together, with damages, in an amount equal to twice the amount wrongfully withheld. Which situations allow a landlord to withhold a security deposit in Arizona? Typically, the landlord is required to return the tenant’s security deposit at the end of the lease term. However, the landlord may withhold all or a portion of the tenant’s security deposit from the tenant for:
Within 14 days after the tenant has vacated the premises, the landlord must notify the tenant of the deductions and balance after deductions. The landlord must include an itemized list of damages, with an explanation for each deduction and the amount being withheld. Rental Agreement Laws in ArizonaAre rental agreements required in Arizona? Rental agreements are required for tenancies in Arizona that are 12 months or longer. However, even for tenancies less than 12 months, we strongly encourage our landlords to create a written rental agreement with their tenants. It’s easy to create and sign a lease online. At Avail, we offer an online Arizona rental lease. What are the general lease provisions in Arizona? In Arizona, certain provisions must be included in the lease agreement. Most notably, both the landlord and tenant are required to include their names on the rental agreement. The landlord should also list the:
The following provisions are optional, but strongly recommended:
See here for more information on how to create your lease agreement. What are the rental agreement notice requirements in Arizona? In Arizona, landlords are required to provide tenants 30 days notice if they are changing anything in the lease. There are also notice requirements when terminating a lease. The amount of notice required depends on the duration of the rental agreement. The notice requirements for lease terms are as follows: Landlords cannot change the rent price during a fixed-term lease. They can adjust the rent price at the time of renewal. Landlords must, however, give tenants at least 30 days’ notice (in writing) to increase rent or change another term of a month-to-month rental agreement. Are there lease renewal provisions in Arizona? A lease term will automatically end if neither the landlord or tenant want to renew the lease agreement. Neither need to provide their reason as to why, unless requested by the other party. However, if a tenant continues to pay rent and occupy the space once the lease term expires, then the terms and conditions of the lease agreement will roll over. The lease duration would also be on a month-to-month basis, until the tenant decides to move out. For month-to-month agreement to end, either the landlord or tenant must provide the other a written notice at least 30 days before the final day the tenant will be in the property. Rental Payment Laws in ArizonaWhat are the rules regarding rent payments in Arizona? In Arizona, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Rent is due on the date indicated in the lease agreement. While there are no legal requirements for how rent is to be paid, the landlord may request the tenant pay one and one half of first month’s rent prior to move in. Does the landlord have to provide rent receipts? The landlord is not required to provide the tenant with a receipt after rent has been received. There is no requirement for what the receipt should contain but we recommend basic information (name, address, payment, unit number, etc). If you collect rent online with Avail, we automatically send rent receipts to your tenants. Are tenants allowed to withhold rent under the laws of Arizona? If so, for what purposes? In Arizona, tenants are allowed to withhold rent payments. Specifically, the tenant may withhold rent if the landlord deliberately or negligently fails to supply running water, gas or electrical service, and reasonable amounts of hot water or heat, air-conditioning or cooling, or other essential services. Is there rent control in Arizona? Arizona prohibits any rules and regulations imposing rent control or rent regulation. Late Fees and Grace Period Laws in ArizonaIs there a legal requirement for late fees in Arizona? There is no legal requirement for late fees for residential dwellings, yet, most landlords decide to charge late fees. For mobile homes, a late fee may not be greater than five dollars per day. Mobile home laws will be discussed in greater detail later in this guide. The lease may permit a late charge when rent is not paid by a certain date, but any fees that the landlord intends to charge should be clearly stated in the terms of the lease. There are no other laws in Arizona addressing late fees, thus we recommend charging a reasonable late fee. Is there a legal grace period in Arizona? There are laws addressing grace periods in Arizona for mobile homes but not for residential dwellings. For mobile homes, the landlord must wait five days after rent has become due to give the tenant a pay or quit notice; the tenant has five days to pay rent or move. If the tenant does neither, the landlord can commence eviction proceedings. Arizona Laws on RepairsArizona tenants are legally entitled to a rental unit that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that the landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities (including the kitchen, bedrooms, bathrooms, etc.) This warranty is implied in every written and oral lease. Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a habitable condition, the tenant may be relieved from his obligation to pay part or all of his rent until the landlord makes necessary repairs. Repair and Deduct Law If the apartment needs vital repairs, tenants in Arizona are allowed to make repairs and deduct the cost from rent. First, the tenant must give the landlord 10 days written notice to repair the defect. If the landlord fails to repair the problem, and the reasonable cost of repair is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may fix the problem and deduct the amount of the repair from rent. Arizona Laws on Landlord ResponsibilitiesThe landlord has certain responsibilities, provided here:
The landlord is not required to provide any of these appliances or services if they are not already maintained and installed within the unit. The landlord and tenant of a single-family residence may agree in writing that the tenant is responsible to perform the landlord’s duties set out above. The landlord and tenant may also agree that the tenant is responsible for any repairs, maintenance tasks, alterations and remodeling. The landlord and tenant of any dwelling unit other than a single-family residence may agree that the tenant is to undertake specified repairs, maintenance tasks, alterations or remodeling only if:
Also, the landlord may not prohibit the occupancy of children or or discriminate in anyway against a tenant who has children. Arizona Laws on EvictionWhat are the Arizona laws on eviction? In Arizona, eviction actions are called “special detainer” actions. Under the Arizona Residential Landlord and Tenant Act, landlords can evict tenants for a handful of reasons. The main bases for eviction are:
Before the landlord can terminate the rental agreement for any of these reasons, he or she must provide the appropriate notice. The following are legal causes for eviction with the corresponding notice (depending on the reason for eviction):
If the landlord does not have a legal cause to terminate the tenancy early, the landlord must wait until the expiration of the lease term to commence eviction proceedings:
Eviction Process
Eviction Defenses
Tenant Holdover If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the tenant’s holdover is willful and not in good faith, the landlord may recover an amount equal to, but not more than two months’ rent or twice the actual damages sustained by the landlord, whichever is greater. Arizona Laws on RetaliationLandlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Arizona, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has:
Retaliation will be assumed if landlord responds negatively within six months of the tenant’s action. Arizona Laws on Domestic Violence, Sexual Misconduct, and Sexual AssaultLandlord Discrimination The landlord cannot discriminate against a tenant or prospective tenant because he or she has been a victim of domestic violence, rape, sexual assault, or stalking. What can a tenant request when he or she has been a victim of domestic violence? The tenant is allowed to terminate a lease with proof of domestic violence status. The offender in a domestic violence situation may be liable to the landlord for all losses incurred due to early lease termination. The tenant can also request the landlord to change the locks. The tenant may also change the locks on their own, at their expense. Arizona Laws on Changing the Locks and Security DevicesLandlords are not required to change the locks before a new tenant moves in, but we recommend doing so. Landlords are not required to install any specific security devices. Arizona Pet LawsArizona does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Read our guide to allowing pets in your rental. Under Arizona law and the Federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Landlords may choose to charge a pet deposit. If so, the total deposit must not be greater than one and one half months’ rent. Do Arizona Landlords Need a Rental License?Landlord rental licenses are not required by Arizona law. However, the owner of residential rental property is required to register the property with the assessor in the county where the property is located. Notice of Entry Laws in ArizonaDo landlords in Arizona have to provide notice of entry? There are certain notice of entry laws in Arizona. The landlord must provide two days’ notice if they wish to enter the premises for the following reasons:
The landlord does not need to provide any notice if he or she wishes to enter the premises for the following reasons:
Entry laws for move-out inspections Arizona has specific laws when it comes to move-out inspections. Upon the tenant’s request, the landlord must perform a joint move-out inspection. If the tenant is being evicted for a material breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. The landlord must provide a written notification to the tenant that the tenant may be present at the move-out inspection. Sublease and Assignment Provisions in ArizonaUnder a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as he or she has essentially taken over the lease term for a specified period of time. Unless the lease prohibits subletting, a landlord may not unreasonably withhold permission to sublet. Subleases are completely governed by the terms of the lease. If the landlord wants to retain control of the tenant’s ability to sublease, it should state that in the lease. A typical sublease provision in the State of Arizona, reads as follows: “Tenant may not do any of the following without the Landlord’s written consent: (1) assign this Lease; (2) sublet all or any part of the Premises; (3) permit any person to use the Premises other than those specified in this Lease. Unless Tenant has obtained Landlord’s written consent, any assignment or subletting may be disregarded by Landlord as if it had not occurred, and Tenant shall continue to remain responsible for the performance of all terms and conditions of this Lease.” Abandonment of Property Provisions in ArizonaNote: When Arizona law mentions abandoned property, it is in reference to the tenant’s belongings. In the section below, the word property refers to the tenant’s belongings and the word premises will describe the actual rental property. In Arizona, there are specific procedures on how to handle abandoned property. If the tenant leaves property behind, the landlord must follow certain procedures. The guidelines that the landlord must follow depend on how the tenancy terminated:
What must the notice include? When the landlord intends to dispose of the abandoned property, he or she must comply with certain notice requirements:
The tenant has five days to reclaim their belongings if they contact the landlord before the landlord has disposed of the property. The tenant must reimburse the landlord for any costs the landlord has incurred in moving or storing the belongings. What are the rules about storing a tenant’s abandoned property? The landlord may store the tenant’s abandoned property in the following places:
The landlord must use reasonable care when holding the tenant’s property. The landlord, however, is not liable for damage to the property unless the landlord damages it on purpose or handles it negligently. The landlord may be reimbursed for storing the tenant’s abandoned property:
However, if the proceeds from selling the abandoned property exceed what the tenant owes the landlord, the landlord must return the excess proceeds to the tenant. Specifically, Arizona law requires the landlord to mail any excess proceeds to the tenant. The landlord must keep the proceeds for the tenant for at least 12
months. Required Arizona Rental Agreement DisclosuresLead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphlet. Disclosure of Landlord and Tenant Act: At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of housing’s website. Name and Addresses: The landlord must disclose the name and address of the property owner, anyone authorized to manage the property, amount of security deposit, and the tenant’s security deposit rights. Bedbug Disclosure: The landlord must provide bedbug educational materials to existing and new tenants. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation. Move-In Documents: The landlord must provide the tenant with a copy of a signed lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Helpful ResourcesArizona Residential Landlord and Tenant Act Oft-Cited Arizona Landlord-Tenant LawArizona Landlord-Tenant Law is governed by the Arizona Residential Landlord and Tenant Act, which compiles relevant statutes from the Arizona legislature on landlord-tenant law. The relevant statutes are:
ARS §33-1314.01. Utility charges; submetering; ratio utility billing; allocation; water system exemption.
ARS §33-1317. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability.
ARS §33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity
ARS §33-1319. Bedbug control; landlord and tenant obligations; definitions.
ARS §33-1321- Security Deposits
Phoenix Landlord-Tenant LawLandlord-tenant law in Phoenix is the same as Arizona state law. Tucson Landlord-Tenant LawLandlord-Tenant law in Tucson is the same as Arizona state law. Disclaimer This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated. How much is it to break a lease in Arizona?According to Arizona law, landlords are permitted to charge the tenants for two months of rent as a penalty for breaking the lease. This is good news for you, because you should be able to find a new tenant to rent the property within those two months.
Can you cancel a tenancy agreement within 14 days?There is no 'cooling off' period for tenancies. You are usually liable for rent from the day the tenancy starts even if you are not living in the property.
How can I legally break my lease in Arizona?In Arizona, a tenant might be able to break a lease without owing future rent in the following situations.. Domestic Violence. ... . Harassment of a Law Enforcement Officer. ... . Receipt of Military Orders. ... . Landlord Breaches the Lease or Rental Agreement. ... . Misconduct by Landlord.. Can I cancel tenancy agreement after signing?You can only end your fixed term tenancy early if your agreement says you can or by getting your landlord to agree to end your tenancy. If your agreement says you can end your fixed term tenancy early, this means you have a 'break clause'. Your tenancy agreement will tell you when the break clause can apply.
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