Arizona Landlord-Tenant Act, Laws, & Rights: Full Guide 2023
Without a comprehensive understanding of the Arizona landlord tenant laws, real estate investors and renters may encounter a myriad of issues and potential problems in their rental relationships. Landlords who are unaware of their obligations may inadvertently neglect essential repairs or mishandle security deposits, leading to disputes and strained tenant relations. On the other hand, tenants who lack knowledge of their rights might be subject to unfair treatment, excessive late fees, or improper eviction procedures.
Whether you're a seasoned landlord or a tenant looking to make informed decisions, this comprehensive guide will serve as your compass through the rental journey, guiding you toward harmonious and legally compliant arrangements.
As landlords, you'll gain insights into your rights to collect rent, access the property for repairs or showings, and evict tenants for specific reasons, all while charging reasonable late fees. For tenants, you'll discover your fundamental rights to reside in safe and habitable residences, request repairs, and receive timely returns of security deposits. If you're ready to take charge of your rental experience, keep reading!
What is the Arizona Landlord Tenant Act?
The Arizona Landlord and Tenant Act, also known as the Arizona Residential Landlord and Tenant Act, governs the rights and responsibilities of landlords and tenants in the state. Here are some key points about the document:
- The Act aims to clarify the rights and obligations of landlords and tenants and to ensure the availability of quality rental housing for all Arizonans.
- The Act covers a wide range of topics, including rental agreements, security deposits, rent payment, eviction, repairs and maintenance, disclosures, and more.
- The Act also establishes procedures and requirements for eviction, including notice periods and legal remedies for both landlords and tenants.
It is essential for both landlords and tenants to be aware of their rights and obligations under the Act to ensure a positive landlord-tenant relationship and prevent legal problems.
Arizona tenant rights
Arizona tenants are granted essential rights that ensure their well-being and comfort in their rental homes. Tenants' fundamental rights include:
- The right to reside in a safe and habitable residence.
- The right to privacy and quiet enjoyment.
- The right to receive a written receipt for their security deposit upon payment.
- The right to expect a timely return of their security deposit at the end of a tenancy.
- The right to require repairs and maintenance to ensure the habitability of their rental property.
Arizona tenant responsibilities
Arizona tenants also have a set of responsibilities that contribute to maintaining a harmonious rental experience. One of their primary responsibilities is to keep the rental property clean, safe, and in good condition. This includes promptly reporting maintenance issues to the landlord.
Tenants are required to pay their rent on time and in full as outlined in the rental agreement. Additionally, tenants are expected to adhere to any rules and regulations specified in the rental agreement.
Arizona tenants must also provide proper notice when they intend to terminate their lease and are responsible for any damages beyond normal wear and tear that occur during their tenancy.
Important times tenants should note:
- Renters have 10 days to claim abandoned property.
- Renters have five days to pay rent or fix a health or safety violation.
- Tenants must provide a 30-day written notice before terminating a lease.
Arizona residential landlord rights
As can be expected, landlords in Arizona also have several rights to which they are entitled to including:
- The right to collect rent and charge a reasonable late fee.
- The right to access the property in case of emergencies, repairs, and showings.
- The right to collect a security deposit.
- The right to initiate eviction actions in the case the tenant breaches the terms of the rental agreement.
Arizona landlord responsibilities
Arizona residential landlords also have important responsibilities they must adhere to to maintain their rental property and tenant relationship. Some of the rental property owner's main duties include:
- Landlords are required to make repairs within 10 days of being notified by the tenant.
- Landlords must provide a 2-day notice before entering the property unless it’s an emergency.
- Rental owners have 14 days to return the security deposit at the end of a tenancy.
- Landlords must give a 30-day notice before increasing rent or changing another element of the rental agreement.
Arizona federal landlord tenant laws through the rent cycle
Arizona rental application and tenant screening laws
There are no limits on what a landlord can charge for an application fee, including the tenant screening fee, in Arizona. There are also no laws governing the inquiries they include on the application.
While landlords have the right to screen prospective tenants, it’s important to remember tenants are protected under the Fair Housing Act.
Arizona rental agreement laws
Under Arizona law, a lease or rental agreement is a contract that outlines the rights and responsibilities of both the tenant and landlord in order to maintain a healthy and safe rental environment.
A written rental agreement is required for a lease of one year or more, but most landlords in Arizona draft a rental agreement no matter the duration of the tenancy.
For month-to-month leases, Arizona rental owners must give at least a 30-day notice prior to making any substantial change to the lease agreement, including raising rent. For longer leases, landlords cannot make changes until the lease ends and the new tenancy begins unless otherwise specified.
To quit a month-to-month lease, tenants or landlords must provide written notice 30 days before the end of the last month the tenant plans to live in the rental unit.
It’s important to note that Arizona rental law does not cover sublease and assignment provisions.
Learn more about what to include in your lease agreement.
Arizona security deposit laws
Arizona real estate investors can only charge up to one and one-half month's rent for a security deposit.
They are not required to provide a receipt and do not have to hold the security deposit in a separate bank account. Additionally, landlords don’t have to pay interest on the deposit.
At the end of a tenancy, landlords have 14 days to return the tenant’s security deposit.
There are several reasons a landlord can withhold some or all of the tenant’s security deposit. They are as follows:
- Unpaid rent
- Damages beyond normal wear and tear
- Non-refundable fees
- Cleaning fees
Tenants can dispute deductions from their security deposit by writing a letter of demand to the landlord. If an agreement is not reached, the tenant can file a claim to a small claim court. The landlord may be required to return the security deposit amount, plus pay additional fees if the court rules in the tenant’s favor.
Arizona rent laws
There is no rent control in Arizona so landlords may charge whatever they consider a reasonable rent for their unit. But, Arizona rental owners cannot raise rent without providing a 30-day notice for monthly lease agreements.
Like in most states, rent is due at the time and place agreed upon by the landlord and tenant. By default, rent is typically due at the beginning of the month.
Landlords may charge late fees for late rent payments, but according to Arizona Revised Statutes §33-1414(A4), those renting manufactured or mobile homes cannot charge a late fee until a five-day grace period has passed. Additionally, late fees must be reasonable and disclosed in the lease agreement.
It’s important to note that Arizona tenants cannot withhold rent for any reason.
Arizona repairs and maintenance laws
After being notified by a tenant, landlords have up to 10 days to make repairs, or at the minimum, provide the tenant with a reasonable timeline for the repairs.
In the case that the landlord fails to make repairs, specifically for crucial utilities including water, gas, and electricity, tenants can exercise their right to use the “repair and deduct” remedy, which allows them to make repairs and deduct the cost from their next rent payment.
Tenants also have the right to withhold rent if the landlord fails to make the repair in 10 days.
Arizona notice of entry laws
Arizona rental property owners have the right to enter the rental property for reasons including:
- Maintenance or repairs
- Property showings
They must provide a two-day notice before entering. However, landlords can legally enter the property without notice in case of emergencies.
In addition, landlords are only permitted to enter the rental unit at reasonable times and must not misuse their right of entry.
Arizona eviction laws
There are several reasons a landlord may file for eviction in Arizona. The reasons include:
- Failing to pay rent
- Lease agreement violation
- Illegal activity
- Purposely damaging the property
- End of lease term
Self-help evictions are illegal in Arizona, and landlords must go through the formal eviction process to evict a tenant.
Before a landlord can file a case in court, they must first provide the tenant with a written notice of default and give the tenant at least:
- Five days to cure a payment default or health and safety violation.
- Ten days to cure other violations that are not health or safety violations.
In the case the landlord wants to terminate the lease without cause, they must give the tenant a 30-day notice. If the tenant fails to leave at the end of the tenancy, then the landlord may pursue legal action.
Learn more about the Arizona eviction process here.
Additional landlord tenant laws in Arizona
Apart from regulations covering general matters such as repairs and maintenance, Arizona also provides specific rights and responsibilities concerning topics like renter discrimination laws, landlord retaliation, and more. Explore some of these topics below.
Arizona renter discrimination laws
Under the Federal Fair Housing Act, landlords in Arizona cannot discriminate against tenants based on protected characteristics such as race, color, religion, sex, national origin, familial status, or disability.
Arizona rental owners cannot retaliate against tenants who take protected actions like reporting health and safety violations to government authorities, joining a tenant union, or filing a complaint with the landlord about a violation of section 33-1324 (maintaining fit premises).
Retaliatory actions include raising rent, decreasing services, and threatening evictions or possession of the property.
In the event a landlord retaliates against the tenant, under Arizona law, the tenant has the right to pursue legal action to regain possession of the rental unit or terminate the rental agreement, and in either case, recover up to two months’ rent or twice the damages the tenant had, whichever is greater.
Mandatory disclosures in Arizona
Arizona state law requires landlords to make the following disclosures to tenants in writing:
- Lead-based paint: Landlords who own rental units built before 1978 must provide information about the amount of lead-based paints used in the building.
- Bedbugs: Landlords must provide tenants with educational materials on bedbugs.
- Name and address: Landlords must provide the name and address of the person authorized to manage the premises and the owner of the property.
- Security deposits: Landlords must let their tenant know of the security deposit amount as well as their security deposit rights.
- Disclosure of the Arizona Landlord Tenant Act: Before lease signing, Arizona landlords must inform their tenant that the Act is available on the Arizona Department of Housing’s website.
- Copy of the lease document: Landlords will provide a copy of the lease agreement at or before the commencement of the tenancy.
Summing up: An understanding of Arizona landlord tenant laws
In conclusion, understanding the intricacies of Arizona and federal landlord-tenant law is paramount for both landlords and tenants embarking on rental agreements in the state. Armed with this knowledge, landlords can ensure their compliance with essential obligations while protecting their tenants' rights. Simultaneously, tenants can advocate for their well-being, safety, and privacy, fostering a positive and mutually respectful landlord-tenant relationship throughout their tenancy.
By embracing the insights offered by the Arizona Landlord and Tenant Act, both parties can embark on a rental journey filled with confidence and clarity, paving the way for a successful and fulfilling experience in the vibrant Grand Canyon State.
Landlord tenant laws in Arizona FAQ
What types of property are not covered under the Arizona Landlord and Tenant Act?
The Arizona Landlord and Tenant Act does not extend its coverage to rented mobile homes and rented mobile home spaces within mobile home parks. Moreover, vehicles covered under the Recreational Vehicle Long Term Rental Space Act are also exempt from the Act's provisions. It is essential to be aware that Arizona has two distinct Residential Landlord and Tenant Acts—one that addresses standard rental housing and the other that addresses the rights and regulations of renters in mobile home parks.
What rights do tenants have when the landlord sells property in Arizona?
According to Arizona state law, tenants have the right to continue living in the property under the original lease terms. The new rental owner must honor the lease agreement and cannot evict the tenant before the lease term ends.
How much notice does a landlord have to give a tenant to move out in Arizona?
Arizona landlords have to provide tenants with at least a written 30-day notice. The notice is to inform the tenant that the lease agreement will be ending after 30 days and the tenant will need to move out at that time.
Disclaimer: The information provided in this post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. This content may not constitute the most up-to-date legal information. No reader, user, or browser of this article should act or refrain from acting on the basis of information herein without first seeking the advice of a legal professional.