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Arizona

An Arizona lease agreement is a legally binding contract between a landlord and tenant that governs the rental of residential property. This agreement outlines the terms of the rental, including payment details, responsibilities of both parties, and any additional rules or regulations that apply to the tenancy.

Types of Lease Agreements

  1. Standard Residential Lease Agreements: These agreements typically cover fixed terms lasting several months or years.
  2. Lease with Option to Purchase: This type allows tenants the option to buy the property they are renting.
  3. Month-to-Month Rental Agreements: These agreements can be renewed or ended on a monthly basis.
  4. Commercial Lease Agreements: Designed for retail properties.
  5. Room Rental Agreements: Used for renting individual rooms in shared living spaces.
  6. Sublease Agreements: Allow tenants to reassign the property to another individual with the landlord’s permission.

Required Disclosures

Arizona law mandates specific disclosures in lease agreements to inform tenants about health, safety, and property management issues. The following disclosures are required:

  1. Lead-Based Paint Disclosure: Required for properties built before 1978, informing tenants of potential lead hazards.
  2. Bed Bug Disclosure: Landlords must provide educational materials and disclose any known infestations.
  3. Landlord Identification: The name and address of the landlord and property manager must be disclosed.
  4. Residential Landlord and Tenant Act: Tenants must be informed where to find this Act, available on the Arizona Department of Housing website.
  5. Move-In Documents: A checklist of existing damages must be provided at move-in.
  6. Pool Safety Notice: Required for properties with pools, detailing safety measures.
  7. Non-Refundable Fees: Any non-refundable fees must be disclosed in writing.
  8. Shared Utilities: Information on how shared utility charges are calculated must be provided.
  9. Rent Adjustment Notice: If rent may be adjusted due to tax increases, this must be disclosed.

Security Deposit Laws

Maximum Amount

The maximum security deposit that can be charged is one and a half times the monthly rent. For mobile homes, the maximum can be two months’ rent.

Returning to Tenant

Landlords must return the security deposit within 14 days after the lease termination, along with an itemized list of any deductions.

Interest and Bank Account

Landlords are not required to pay interest on security deposits, nor are they required to keep the deposits in a separate bank account.

Penalties for Wrongful Withholding

If a tenant can prove that a landlord wrongfully withheld any part of the deposit, they may recover damages equal to twice the amount withheld.

Rent Payment Laws

Grace Period

There is no statutory grace period for rent payments in Arizona; rent is due on the date specified in the lease. However, tenants in mobile homes have a five-day grace period.

Late Fees

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.

NSF Fees

Landlords may charge a fee of $25 for bounced checks, plus any bank fees incurred.

Withholding Rent

Tenants can withhold rent if the landlord fails to make necessary repairs after a 10-day written notice. The amount withheld can be the greater of $300 or half the monthly rent.

Landlord Rights and Responsibilities

Right of Entry

Landlords must provide tenants with at least two days’ notice before entering the premises for non-emergency reasons. They may enter without notice in emergencies.

Maintenance and Repairs

Landlords are responsible for maintaining the property in a habitable condition and must make repairs within a reasonable time after being notified by the tenant.

Abandonment

If a tenant abandons the property, the landlord must give a five-day notice of abandonment before reclaiming the property and may use the security deposit to cover unpaid rent.

Lease Termination

Month-to-Month Tenancy

Month-to-month rental agreements can be terminated with a 30-day notice.

Unclaimed Property

If a tenant abandons personal property, the landlord must hold valuable items for 14 days before selling or donating them.

FAQs

In Arizona, landlords must provide several required disclosures in a lease agreement, including information about lead-based paint for properties built before 1978, bedbug infestation status, the names and addresses of the property owners and managers, and a notice that the Arizona Residential Landlord and Tenant Act is available online. Additional disclosures may include details about shared utilities and any non-refundable fees.

In Arizona, the maximum security deposit a landlord can charge is one and a half times the monthly rent. For mobile homes, landlords may charge up to two months’ rent. The security deposit must be returned within 14 days after the tenant vacates the property, along with an itemized list of any deductions.

A landlord in Arizona must return a tenant’s security deposit within 14 business days after the lease termination. This period excludes weekends and legal holidays, and the landlord must provide an itemized list of any deductions made from the deposit.

In Arizona, there is no statutory grace period for rent payments, meaning rent is due on the date specified in the lease agreement. However, tenants living in mobile homes do have a five-day grace period after the due date to pay their rent.

If a tenant fails to pay rent on time in Arizona, the landlord can issue a five-day notice to pay rent or vacate the premises. If the tenant does not comply, the landlord may initiate eviction proceedings.

In Arizona, a landlord must provide at least two days’ notice before entering a rental property for non-emergency reasons. However, in emergencies, the landlord may enter the premises without prior notice.

Arizona law does not impose a limit on late fees for rent, meaning landlords can charge any amount specified in the lease agreement. However, for mobile home rentals, the late fee is capped at $5 per day.

If a tenant abandons the property in Arizona, the landlord must issue a five-day notice of abandonment. After this period, the landlord can reclaim the property and use the tenant’s security deposit to cover any unpaid rent or related expenses, while also making reasonable efforts to re-rent the property.