An Arizona lease agreement establishes a binding relationship between a landlord and tenant, where the landlord rents all or part of their property for a fee, and the tenant agrees to the specified terms. State law requires the lease to include both parties’ identifying information, the property’s address and legal description, pet policies, disclosures of safety or health risks, and rent details, including the amount, security deposit, and payment methods.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: No.
Landlords often use a rental application to determine a potential tenant’s reliability.
By Type (6)
Standard Lease Agreement
Defines the terms and conditions between a landlord and tenant for the use of residential property.
Month-to-Month Rental Agreement
Provides flexibility for either party to terminate with proper notice.
Commercial Lease Agreement
Allows a landlord to rent non-residential property (retail, office, or industrial) to a business tenant.
Room Rental Agreement
Defines the living arrangement between tenants sharing a rental property.
Sublease Agreement
Allows the subtenant to rent all or part of the leased property for a determined period.
Rent-to-Own Lease Agreement
Allows tenants to not only lease a property but also includes an option to buy it at a predetermined price.
Required Lease Disclosures
Arizona imposes distinct requirements for landlords and tenants when executing a lease agreement. For example, a landlord must disclose the following: [1]
- Disclosure of Lead-Based Hazards. All landlords of any building constructed before 1978 must notify all tenants of the potential existence of lead-based hazards. [2]
- Bed Bug Addendum. Landlords shall provide tenants with educational bedbug materials and must not enter into a lease agreement with a tenant if they know of a current bedbug infestation. [3]
- Secured Deposit Notice. Landlords must return tenant security deposits within 14 days of termination and an itemized list of all damage deductions. [4]
- Pass-Through Tax Notice. A landlord seeking to adjust the amount of rent due in response to a local government changing the transaction privilege tax on residential rent must provide 30 days’ written notice to the tenant. [5]
- Abandoned Personal Property Notice. Five days following a written declaration of abandonment by the landlord, a tenant’s abandoned personal property may be stored for at least 14 days before donating or selling the property. [6]
- Notice of Foreclosure. If a rental agreement is entered into after a foreclosure action has begun on the property, the landlord must notify the tenant in writing. If a foreclosure action begins on the property after a rental agreement has been entered into, the landlord must notify the tenant in writing within five business days. [7]
- Residential Landlord-Tenant Act. Before entering into a rental agreement, the landlord must inform the tenant where they can learn more about the Arizona Residential Landlord-Tenant Act. [8]
- Shared Utilities Notice. A landlord must notify a tenant if any utilities are shared and provide information on how those shared utility charges are calculated. [9]
- A move-in/move-out form should be provided, and an inspection carried out (to assess any damages to the rental unit).
- Pool safety notice for properties with access to a pool.
- Non-refundable fees need to be expressly stated in the agreement.
- Name and address of the person authorized to manage the property and the owner of the premises.
Security Deposit
- Maximum Amount: Landlords may request up to one and one-half month’s rent for a security deposit and prepaid rent. Tenants may still voluntarily pay more than one and one-half month’s rent in advance. [10]
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: After the tenant moves out, the landlord has 14 days to return the security deposit. Failure to do so can result in a lawsuit, with tenants entitled to claim damages up to twice the deposit amount. [11]
- Withholding Rules: Landlords can withhold part or all of the security deposit for extreme wear and tear, unpaid rent, or lease violations.
Rent Payments
- Laws: Rent is due as agreed upon by the parties. [12]
- Rent Control: Landlords are allowed to set any rent amount, as there are no rent control measures.
- Late Fees and Grace Period: Landlords can charge any late fee specified in the lease agreement, with no statutory limit. For mobile homes, the late fee is capped at $5 per day, and there is a 5-day rent grace period. [13] For other rentals, there is no grace period, and landlords can issue a 5-day notice to quit for unpaid rent.
- Withholding Rent: When landlords don’t fix an issue within 10 days of written notice, tenants can withhold the greater of $300 or half the monthly rent for repairs. [14] They can also withhold a reasonable amount if services like gas, electricity, hot water, running water, or heat are not provided. [15]
Landlord Right of Entry
- Notice Requirements: Arizona landlords must give tenants two days’ notice before entering the premises. Landlords have no other right of access to the premises except by court order. [16] If a tenant remains in possession of the premises after the termination or expiration of the lease, and without the landlord’s consent, a landlord may bring an action to repossess the premises and recover up to two months’ rent or twice the damages sustained. [17]
- Keys, Locks, and Security: Tenants must obtain landlord permission to change locks and are responsible for the cost.
Property Repairs
- Landlord Responsibilities: Landlords must provide essential services like hot water, gas, heat, and air conditioning. Tenants must give them at least 10 days’ notice for major repairs.
- Tenant Repairs: Tenants must maintain the property, including cleaning and not disturbing others. For health and safety issues, tenants must act immediately or within 14 days, or the landlord can repair the issue and bill the tenant.
- Abandonment: Landlords must issue a 5-day notice of abandonment if a tenant leaves early, after which they can reclaim the property and use the security deposit for unpaid rent. [18] Landlords must also make reasonable efforts to re-rent the property and can recover damages from the tenant. If re-rented, the former tenant is only liable for the period the property was vacant. [19]
Terminating a Lease
- Month-to-Month Tenancy: Monthly leases can be terminated with a 30-day notice. [20]
- Unclaimed Property: If a tenant abandons the unit, the landlord must inventory and hold valuable belongings for 14 days before selling or donating them. [21]
Sample
You can download an Arizona lease agreement template below in PDF and Word formats: