Lease Agreements (6)
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Required Disclosures
1.) Bed Bug Control (educational materials) (ARS § 33-1319): Whenever applicable, landlords provide tenants with an educational pamphlet about the pest.
2.) Landlord and Tenant Act (ARS § 33-1322(B)): Landlords provide tenants with a copy of the Act or notify them in writing that it can be found on the Arizona Department of Housing’s website, accordingly.
3.) Lead-Based Paint Disclosure (42 U.S. Code § 4852d): Under federal law, whenever a structure is from 1978, landlords must include a disclosure on lead-paint dangers and risk levels.
4.) Move-in / Move-out Checklist (§ 33-1321(C)): Landlords must provide a record of as well as a means to report any and all property damage prior to and after the tenant occupies the property.
5.) Non-Refundable Fees (ARS § 33-1321(B)): All charges that may not be redeemable by the tenant must be explicilty present within the agreement prior to tenancy.
6.) Proprietor Information (ARS § 33-1322(A)): The individual entering the rental agreement provides the tenant with their name and address accordingly, specifically:
- Owner
- The person acting on behalf of the owner.
- Property Manager
7.) Rent Increase Due to Taxes (ARS § 33-1314(E)): If applicable, landlords must disclose whenever they have the right to increase the rent as a tax adjustment and give 30 days’ notice beforehand.
8.) Shared Utilities (ARS § 33-1314.01): Landlords must include a full list of all the utility services, as well as clarify the costs of any administrative fees.
When is Rent Due?
Grace Period: Rent is due specifically at the time and place mentioned in the lease agreement (ARS § 33-1314(C)).
Mobile Homes: Arizona explicitly requires a 5-day grace period for mobile home rent payments (ARS § 33-1414(A)(4)).
Unpaid Rent: For a tenant late on rent, a landlord can send a 5-day notice to pay or quit, which demands the owed payment within five days (ARS § 33-1368(B)).
Late Fees
Standard Tenancies: There is no statutory limit on how much a landlord can charge for a late penalty. However, the landlord is limited to charging a “reasonable late fee,” which is not defined (ARS § 33-1368(B)).
Mobile Homes: There is a maximum limit of $5 per day, which can start after the 5-day grace period (ARS § 33-1414(C)).
NSF Fee
A landlord can charge a fee of $25 for a check that is a tenant’s payment and the bank rejects for lack of funds (ARS § 44-6852).
Security Deposit Maximum ($)
Refundable Fees: The maximum allowed security deposit is one and a half months’ rent accordingly (ARS § 33-1321(A)).
Non-Refundable Fees: There is no maximum for non-refundable fees, such as a “pet fee,” if the landlord discloses this fee in writing (ARS § 33-1321(B)).
Security Deposit Return
Return Period: The landlord must return the security deposit within 14 days, not including weekends and holidays, and must be sent via 1st class mail (ARS § 33-1321(D)).
Itemized List: If there are any deductions to the security deposit, an itemized list must be included with the returned payment to the tenant (ARS § 33-1321(D)).
Landlord’s Right to Enter
Standard Entry: A landlord must give at least 2 days’ notice to the tenant prior to entering the premises (ARS § 33-1343(D)).
Emergency Entry: There is no notice required to enter the premises for emergency purposes (ARS § 33-1343(C)).
Absence
Landlords send a 5-Day Notice of Abandonment may determine a tenant’s abandonment:
- The tenant’s possessions remain on the property for at least 10 days, and there has been no sign of them occupying the unit for at least 7 days.
- The tenant’s personal property is not on the premises, they are delinquent on the rent for at least 5 days, and they have not been present for 5 days (A.R.S. § 33-1370(H)), (A.R.S. § 33-1370(B)).
Repair and Deduct
Minor Defects: For a repair equal to $300 or half the monthly rent amount, whichever is greater, a tenant can perform the repair themselves if the landlord fails to do so 10 days after being notified.
Request to Repair Notice: A tenant must give 10 days’ notice whenever requesting a repair to be completed (ARS § 33-1363(A)).
Tenant Breaking a Lease (Early)
Duty to Mitigate: If the tenant leaves before the lease end date, the landlord must make “reasonable efforts” after being notified to market and re-rent the premises. The tenant is only liable for the loss of rent to the landlord while the unit is vacant (ARS § 33-1370(C)).
Domestic Violence: Victims of domestic violence explicitly terminate their lease with 30 days’ notice; however, they must attach a police report (ARS § 33-1318(A)).
Active Military: Federal law gives members of the military the right to terminate their lease (30 days’ notice) once they must comply with assignment (50 U.S. Code § 3955).
Landlord Noncompliance: So long as the tenant is not at fault, they can terminate the lease once a landlord neglects a 10-day notice to remedy (ARS § 33-1361).
Landlord’s Harassment: Tenants may recover damages equal to or less than 1 month’s rent and terminate the lease (ARS § 33-1376(B)).
Inhabitability: A tenant terminates a lease whenever the property is no longer habitable, and the landlord does not remedy the situation within 10 days of notice (ARS § 33-1361(A)).
Is an Oral Lease enforceable?
An oral lease is considered legal if it is for a period of less than 1 year (ARS § 33-1310(13), ARS § 44-101(6)).
Renewing a Lease
State law explicitly prohibits local towns and cities from enacting rent control policies (ARS § 33-1329(A)).
Unclaimed Property
Landlords may dispose of tenant items left behind immediately after a voluntary move-out; however, they must issue a 14-day notice of disposal after abandonment and eviction (A.R.S. § 33-1370).
Landlord-Tenant Laws (Statutes)
Refer to the Arizona Residential Landlord and Tenant Act for more information on the general provisions established by the state regarding landlord-tenant relationships.






