Arizona Landlord Tenant Laws

This is a summary of Arizona Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Arizona Revised Statutes, including the Arizona Residential Landlord and Tenant Act, and various online sources to serve as a reference and for people wanting to learn about Arizona landlord-tenant laws, Arizona eviction laws, and Arizona renters’ rights. 

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer.  If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing Arizona Landlord Tenant Laws

• Ariz. Rev. Stat. Ann. §§ 33-301 to 33-381 – Residential Landlord and Tenant Act
• Ariz. Rev. Stat. Ann. §§ 12-1171 to 12-1183 – Forcible Entry and Detainer
• Ariz. Rev. Stat. Ann. §§ 33-1301 to 33-1381 – Recovery of Possession
• Arizona Residential Landlord and Tenant Act
• Arizona Mobile Home Parks Residential Landlord and Tenant Act

Arizona Lease Terms Provisions

Security Deposits

• What is the maximum allowable security deposit?
  The required security deposit cannot exceed one and half month’s rent for a security deposit and/ or prepaid rent. However, a tenant can choose to pay a larger amount of rent in advance. (Ariz. Rev. Stat. Ann. §§ 33-1321(A)) For mobile home spaces, landlord can charge up to two months’ rent. A tenant can pay a larger amount of rent in advance. (Ariz. Rev. Stat. Ann. § 33-1431(A)).

• Are security deposits required to earn interest?

No. There is no Arizona law requiring security deposits to earn interest. However, landlord is required to pay interest on the security deposit when renting mobile home spaces. The minimum interest on such security deposit is 5% per year. Landlord shall either pay or compound the interest annually. (Ariz. Rev. Stat. Ann. § 33-1431(B)).

• Do landlords need to store security deposits in a separate bank account? 

No. There is no Arizona law requiring security deposits to be stored in a separate bank account. 

• Are non-refundable fees, such as pet fees, prohibited?

No. Non-refundable fees are permitted, so long as the fee and its purpose are stated in writing by the landlord. (Ariz. Rev. Stat. Ann. §§ 33-1321(B))

• How long do landlords have to return security deposits?

14 days, excluding weekends and legal holidays. (Ariz. Rev. Stat. Ann. §§ 33-1321(D))

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the property caused by tenants’ failures to comply with their duties (see Tenant’s Duties).  (Ariz. Rev. Stat. Ann. §§ 33-1321(D))

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. An itemized list, detailing the amount withheld and the reasons for withholding, must be sent via first class to the tenant within 14 days to the tenant’s last known place of residence unless other arrangements are made in writing by the tenant.  If tenant does not dispute the list within 60 days after it was mailed, the amount set forth in the list is deemed valid and final and any further claims are waived. (Ariz. Rev. Stat. Ann. §§ 33-1321(D))

• Do landlords have to issue receipts upon receiving security deposits?

No. There is no Arizona law requiring landlords to issue receipts for security deposits.

• Are there any specific requirements for record-keeping for deposit withholdings?

No. There is no Arizona law specifying record-keeping requirements.

• What happens when a landlord does not return a security deposit within 14 days?

The tenant may recover the property and money due to the tenant together with damages in an amount equal to twice the amount wrongfully withheld. (Ariz. Rev. Stat. Ann. §§ 33-1321(E))

Rent

• Is there a cap on how much landlords can charge for rent? (rent control)

No. There are no rent control laws in Arizona.

• When is rent due?

Rent is due at the time and place agreed upon by the landlord and tenant. Unless they agree to a different arrangement, rent is due at the beginning of the month and will be paid in equal monthly installments. For week-to-week tenancies, rent is due every week. (Ariz. Rev. Stat. Ann. §§ 33-1314(C) )Ariz. Rev. Stat. Ann. § 33-1314(D)).

• Does rent need to be paid using a certain method of payment?

No. There is no Arizona law requiring a certain payment method for rent. 

Fees

• Can landlords charge late fees when rent is late?

Yes. There is no Arizona law forbidding late fees or limiting the amount that landlords can charge for residential dwellings. For manufactured homes, late fees must not exceed five dollars per day if the payment is not remitted by the 6^th day from the due date.. (Ariz. Rev. Stat. Ann. §§ 33-1414(C))

• Do landlords have to allow for a grace period for paying rent before charging late fees?

There is no Arizona law requiring a grace period for renters of residential dwellings before assessing late fees. However, there is a 5-day grace period for manufactured homes.  (Ariz. Rev. Stat. Ann. §§ 33-1414(A4))

• Can landlords charge application fees?

Yes. There is no Arizona law forbidding application fees or limiting the amount that landlords can charge.

• Can landlords charge returned check fees?

Yes. The Landlord can charge up to $25 plus the amount the bank charges to process insufficient funds. (Ariz. Rev. Stat. Ann. § 44-6852).

Arizona Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

No. There is no Arizona law requiring landlords to provide tenants with notice of rent increases between lease terms. However, landlords cannot raise your rent in the middle of your lease. If municipality institutes a transaction privilege tax on residential rent, landlord may increase the rent to cover this payment if this right is covered by the lease agreement and landlord provides a written 30-day notice to tenant (Ariz. Rev. Stat. Ann. § 33-1314(E)).

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no Arizona law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

No notice is required — the lease ends on the date stated in the lease.

• What notice is required to terminate a week-to-week periodic lease?

Either the landlord or the tenant can terminate the lease with 10 days written notice. Ariz. Rev. Stat. Ann. §§ 33-1375(A))

• What notice is required to terminate a month-to-month periodic lease?

Either the landlord or the tenant can terminate the lease with 30 days written notice. (Ariz. Rev. Stat. Ann. §§ 33-1375(B))

• Is notice of the date and time of the move out inspection required?

Upon move-in, the landlord must provide the tenant written notification that the tenant may be present at the move-out inspection. On request by the tenant, the landlord shall notify the tenant when the landlord’s move-out inspection will occur. If the tenant is evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord is not obliged to conduct a joint move-out inspection with the tenant. (Ariz. Rev. Stat. Ann. §§ 33-1321(C))

Arizona Rental Entry Provisions

• When can landlords enter the rental premises with notice?
  • To inspect the premises. 
  • To make necessary or agreed to repairs, decorations, alterations, or improvements.
  • To supply necessary or agreed services. 
  • To show the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (Ariz. Rev. Stat. Ann. §§ 33-1343(A))

• What notice must a landlord give a tenant before entering the rental unit?

The landlord must provide written notice at least 2 days in advance, and enter only at reasonable times. (Ariz. Rev. Stat. Ann. §§ 33-1343(D))

• When can landlords enter the rental premises without providing notice to their tenants?
  • In case of an emergency.
  • Under court order.
  • When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
  • To make repairs to conditions materially affecting health and safety and caused by the tenants’ failure to comply with their duties (see Tenant’s Duties). (Ariz. Rev. Stat. Ann. §§ 33-1343(C); (Ariz. Rev. Stat. Ann. §§ 33-1343(E)))

Landlord’s Duties (Ariz. Rev. Stat. Ann. §§ 33-1324)

• Landlords shall deliver possession of the premises to the tenant in compliance with the rental agreement (Ariz. Rev. Stat. Ann. § 33-1323).
• Landlords must comply with applicable building and housing codes materially affecting health and safety.
• Landlords must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
• Landlords must keep all common areas of the premises in a clean and safe condition.
• Landlords must maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.
• Landlords must provide and maintain appropriate receptacles and conveniences for the removal of garbage and arrange for their removal.
• Landlords must supply running water and reasonable amounts of hot water at all times and reasonable heat and reasonable air-conditioning where units are installed and offered. (Ariz. Rev. Stat. Ann. § 33-1324)

Tenant’s Duties (Ariz. Rev. Stat. Ann. §§ 33-1341)

• Tenant shall occupy their dwelling unit only as a dwelling unit (Ariz. Rev. Stat. Ann. § 33-1344).
• Tenants must comply with all obligations imposed upon tenants by building and housing codes materially affecting health and safety.
• Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
• Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.
• Tenants must keep all plumbing fixtures as clean as their condition permits.
• Tenants must use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises in a reasonable manner;
• Tenants must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so.
• Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
• Tenants must promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action. (Ariz. Rev. Stat. Ann. § 33-1341).

Required Landlord Disclosures Arizona

• Landlords are required to disclose in writing the names and business addresses of: 
  • the person authorized to manage the premises.
  • the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Ariz. Rev. Stat. Ann. §§ 33-1322(A))

• Before or at the beginning 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. (Ariz. Rev. Stat. Ann. §§ 33-1322(B))

• Upon move-in, the landlord shall 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. (Ariz. Rev. Stat. Ann. §§ 33-1321(C))

• Landlords must provide bedbug educational materials to new tenants. If the landlord knows that a rental unit has a bedbug infestation, the landlord shall not enter into any lease agreement with a tenant. (Ariz. Rev. Stat. Ann. §§ 33-1319)

• Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Arizona Renters’ Rights

• What rights do tenants have if their landlords breach their duties? (See Landlord’s Duties)
  • If a landlord materially fails to comply with the rental agreement, including a material falsification of the written information provided to the tenant, the renter may deliver a written notice to the landlord identifying the issue(s). If the landlord does not remedy the breach within 10 days of receiving notice the lease will terminate. (Ariz. Rev. Stat. Ann. §§ 33-1361(A))

• If a landlord fails to comply with the landlord’s duties in a way that materially affects health and safety, the renter may deliver a written notice to the landlord identifying the issue(s). If the landlord does not remedy the breach within 5 days of receiving notice the lease will terminate. (Ariz. Rev. Stat. Ann. §§ 33-1361(A))

• Are tenants allowed to withhold rent for needed repairs or other breaches of their landlord’s duties?

Yes. If a landlord fails to comply with the landlord’s duties, Arizona law allows the tenant to repair and deduct the amount from the next rental payment when proper notice is provided, subject to a 10 day waiting period for non-emergencies. Withheld rent must not be more than 25%lf of the monthly rent. If a landlord fails to provide essential services, tenants may obtain a reasonable amount of the essential service(s), and deduct their actual reasonable cost from the rent. (Ariz. Rev. Stat. Ann. §§ 33-1363); (Ariz. Rev. Stat. Ann. §§ 33-1364)

• Are tenants permitted to sublease their rental units?

There is no Arizona law regarding subletting, so tenants may sublease so long as their lease allows for subleasing or does not mention it. In case of tenant’s mobile homes, the tenant may sublet them, upon written agreement with park management. If landlord permits subleasing, landlord cannot unreasonably withhold approval of subleases and subtenants. (Ariz. Rev. Stat. Ann. § 33-1454).

• What are the protections for tenants against retaliation from their landlords for exercising their Arizona renter’s rights?

Arizona law prohibits landlords from increasing rent, decreasing services, or bringing or threatening to bring an action for possession if the tenant has complained to a governmental agency, complained to the landlord about a breach of landlord’s duties, or if the tenant becomes a member of a tenant’s union or similar organization. (Ariz. Rev. Stat. Ann. §§ 33-1381)

Arizona Eviction Laws

• What are the reasons that landlords can evict tenants under Arizona eviction laws?
  • Nonpayment of rent (Ariz. Rev. Stat. Ann. §§ 33-1368(B))
  • Material noncompliance with lease terms / rental agreement, including  material falsification of the information provided on the rental application  (Ariz. Rev. Stat. Ann. §§ 33-1368(A))
  • A breach in the tenant’s duties materially affecting health and safety (Ariz. Rev. Stat. Ann. §§ 33-1368(A))
  • Illegal activity (Ariz. Rev. Stat. Ann. §§ 33-1368(A))
  • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy)  (Ariz. Rev. Stat. Ann. §§ 33-1375(C))

• What notice must landlords provide tenants before starting the eviction process in Arizona?
  • For evictions based on non-payment of rent or a material health and safety violation, the landlord must give a 5-day notice to remedy the breach before starting the eviction process. (Ariz. Rev. Stat. Ann. §§ 33-1368(A))
  • For evictions based on non-compliance with the rental agreement, including material falsification of the information provided on the rental application other than information about the tenant’s eviction history and current/ previous criminal activity,  the landlord must give a 10-day notice to remedy the breach before starting the eviction process. (Ariz. Rev. Stat. Ann. §§ 33-1368(A))

• For evictions based on misrepresentations in the application about the tenant’s eviction history and current/ previous criminal activity, the landlord must give a 10-day notice of termination of the lease before starting the eviction process. Landlords do not have to permit the tenant to cure these types of breaches. (Ariz. Rev. Stat. Ann. §§ 33-1368(A))

• For evictions based on illegal activity, landlords must deliver a notice for immediate termination of the lease before starting the eviction process. Landlords do not have to permit the tenant to cure these types of breaches. (Ariz. Rev. Stat. Ann. §§ 33-1368(A))

• For evictions based on a holdover tenancy, landlords must provide a 10-day notice to terminate a week-to-week tenancy and a 30-day notice to terminate a month-to-month tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Ariz. Rev. Stat. Ann. §§ 33-1375)

• Are landlords permitted to recover damages from an evicted tenant?

Yes. In Arizona, a landlord may recover actual damages when the lease is terminated based on a tenant’s breach of the rental agreement. (Ariz. Rev. Stat. Ann. §§ 33-1373)

• Are landlords permitted to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 

No. If a landlord evicts a tenant using self-help methods, the tenant can choose to recover possession or terminate the lease. Tenants can recover the greater of two months’ rent or twice the actual damages sustained. (Ariz. Rev. Stat. Ann. §§ 33-1367)

Squatter’s rights in Arizona

Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

Arizona has no specific laws recognizing squatters.If the squatter possessed the property under title or color of title, and paid taxes 3 years, the squatter can claim adverse possession (Ariz.  Rev. Stat. Ann. § 12-523). Also, the squatter can claim adverse possession, if he/she uninterruptedly possessed the property, cultivating, using and enjoying such property for 10 years (Ariz. Rev. Stat. Ann. § 12-526). If the squatter possessed the property under a deed or deeds duly recorded, cultivating, using and enjoying the property, and paying taxes for 5 years, he/she can claim adverse possession (Ariz. Rev. Stat. Ann. § 12-525). 

COVID-19 Changes to Arizona Landlord-Tenant Laws

• The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
• The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act  is no longer effective..
• Arizona Executive Order 2020-49 delays enforcement of evictions for certain tenants who have been impacted by COVID-19.
• State Utility Assistance program and Rental Assistance & Eviction Prevention Programs help struggling tenants and landlords, impacted by COVID-19 in all counties and jurisdictions in the state.

Related Links

Government 

• Arizona Small Claims Court
• Arizona Judicial Branch
• Arizona Attorney General
• U.S. Department of Housing and Urban Development – Arizona
• Arizona Insurance Division
• Arizona Department of Real Estate
• Arizona Consumer Protection
• Arizona Public Housing Authority – Section 8 (Arizona Department of Housing)
• Housing Authority of Maricopa County

Legal Aid

• Southern Arizona Legal Aid, Inc.
• DNA People’s Legal Services
• Community Legal Services, Inc.
• Christian Legal Aid of Arizona
• Arizona Law Help for Seniors
  

Attorney Referral Services

• State Bar of Arizona

Realtor and Landlord-Tenant Associations

• Arizona Association of REALTORS®
• Phoenix Association of REALTORS®
• Arizona Multihousing Association
• Arizona Association of Manufactured Home and RV Owners
• Phoenix Association of Rental Property Managers
• Arizona Tenants Advocates
• Arizona Tenants Union