Arizona Residential Landlord and Tenant Act
This article provides an overview of some of the rules and regulations that apply to rented apartments and condos and houses in Arizona. Rented apartments and condos and houses are governed by the Arizona Residential Landlord And Tenant Act (A.R.S. Title 33 Chapter 10) and all references cited are to the applicable portion of the Arizona Revised Statutes (A.R.S.).
These rules and regulations do not apply to rented mobile homes and rented mobile home spaces within mobile home parks in Arizona. Rented mobile homes and rented mobile home spaces within mobile home parks are governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11), which is covered in a separate article on this website.
The purpose of the Arizona Residential Landlord and Tenant Act is to clarify the rights and obligations of landlords and tenants and to encourage both landlords and tenants to ensure that quality rental housing remains available to all Arizonans (A.R.S. § 33-1302). It is important to note that every right and obligation described in the Act imposes an obligation of “good faith” on both landlords and tenants (A.R.S. § 33-1311), which means that if and when disputes arise, both sides must treat the other honestly and fairly.
An electronic version of the Arizona Residential Landlord And Tenant Act may be accessed here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf
How tenants can protect their rights
IMPORTANT: As long as the provisions of a rental agreement do not violate the Act (or any other applicable laws), tenants generally are required to comply with them. This is why it is very important for tenants to read and review their rental agreements carefully before they sign them. Rental agreements are a kind of contract, so tenants should know exactly what they are agreeing to before they make a commitment in writing.
It also is crucial for tenants to keep in mind that tenants have a duty to pay rent and to pay that rent on time (A.R.S. § 330-1314). When tenants fail to pay their rent on time, their landlords often start eviction actions. There is no provision in Arizona law that allows a tenant to withhold rent because the landlord is being disagreeable or because a landlord broke oral promises to a tenant. Except as is explained below, a tenant may not withhold rent.
The most effective way for tenants to protect their rights is by making and keeping copies (having proof) of all payments and notices/requests/promises exchanged between them and their landlords. Tenants are strongly advised to require their landlords to put all landlord/tenant agreements in a writing signed and dated by the landlord. It is also recommended that tenants take photos and/or video of the condition of the rental unit and (especially if a dispute seems likely) have people come over to serve as witnesses both when they move in and when they move out as well as immediately if and when any problem arises.
All notices sent to a landlord must (1) be in writing (and signed and dated) and (2) either delivered by hand (in person) or sent by registered or certified mail. This way the tenant has evidence when and that the letter was sent (in case the landlord denies it).
A security deposit is a sum of money that landlords are permitted to charge their tenants at the beginning of a lease or rental agreement in order to ensure that if a tenant causes any damage to the rental unit beyond ordinary wear and tear or moves out without first paying all of the rent that the tenant owes, the landlord will have the money to cover those losses.
Given that one of the major purposes of a security deposit is to ensure that a landlord has the money to cover the cost to repair any damage to the rental unit caused by a tenant, it is strongly recommended that both tenants and landlords take photos and/or video of the rental unit showing its condition both when the tenant moves in and the tenant moves out. A tenant who is vacating a rental unit may also wish to have a friend drop by to witness the condition of the unit first-hand.
Under Arizona law (A.R.S. §33-1321), landlords may ask for a security deposit up to an amount that is equal to 1 + ½ month’s rent. Landlords may not ask for more than this. (So, for example, if the monthly rent is $1,000, then the most that a landlord may charge as a security deposit is $1,500, which is one month’s rent ($1,000) plus one-half of one month’s rent ($500).)
For more information about security deposits (including permitted deductions and the recovery process), please see the separate article on this website entitled “Security Deposits”: [link to article here].
In addition to paying their rent in full and on time, tenants are required under Arizona law (A.R.S. § 33-1341) to do the following:
1. Comply with all applicable building codes
2. Keep the premises clean and safe
3. Remove and properly dispose of all trash
4. Keep all plumbing fixtures clean
5. Use electrical, plumbing, heating, and air-conditioning appliances and systems in a reasonable manner
6. Not deliberately or negligently damage the property or allow someone else to do so
7. Conduct themselves (and ensure that others conduct themselves) in a manner that will not disturb their neighbors’ peaceful enjoyment of the premises
8. Promptly notify the landlord of required repairs or other action
9. Unless otherwise agreed, use the premises as a residence only (A.R.S. § 33-1344).
Landlord access to a dwelling
A tenant may not unreasonably deny permission to the landlord to enter the premises in order to inspect it or make repairs. In the case of an emergency, the landlord may enter the premises without the permission of the tenant. Under ordinary circumstances, however, the landlord must give the tenant at least 2 days notice that the landlord will be entering the premises and may only do so at reasonable times. If the tenant notifies the landlord of a service or maintenance request, then that notice from the tenant is considered to be a granting of permission by the tenant for the landlord to enter the premises (A.R.S. § 33-1343).
Landlords are prohibited from entering into rental agreements with tenants for dwellings that they know to be infested with bedbugs. Tenants are prohibited from moving materials that they know to be infested with bed bugs into a dwelling. A tenant who discovers that a dwelling is infested with bed bugs must immediately inform the landlord. (A.R.S. § 33-1319).
Landlords are required under Arizona law to do the following:
1. Provide the tenant with the name and address of the property’s owner and manager (A.R.S. § 33-1322)
2. If there is a written rental agreement: provide the tenant with a signed copy of the fully completed agreement (blank spaces are not permitted) and have the tenant sign and deliver to the landlord an identical copy of the agreement within a reasonable time (A.R.S. § 33-1322)
3. Maintain the residence (A.R.S. § 33-1324):
(i) Comply with all applicable building codes
(ii) Make all repairs and do whatever else may be necessary to ensure that the premises are and remain in a “fit and habitable” condition
(iii) Keep common areas clean and safe
(iv) Maintain in good and safe working order all electrical, plumbing, sanitary, ventilation, heating, and air-conditioning systems and equipment (including elevators)
(v) Provide for the proper removal of trash
(vi) Supply running water and reasonable amounts of hot water at all times as well as reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection
Tenant options if/when the landlord fails to comply
Material noncompliance by the landlord
If a landlord fails to comply with the landlord’s obligations under the rental agreement (whether by not doing something that the landlord should do or by doing something that the landlord should not do), then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 10 days after the landlord receives this notice then the rental agreement will terminate. If a landlord fails to comply with the landlord’s obligations in way that affects or threatens to affect the health and safety of the tenant, then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 5 days after the landlord receives this notice then the rental agreement will terminate (A.R.S. § 33-1361).
Exceptions (the rental agreement will not terminate if):
(i) the landlord is able to fix the problem either by making repairs or paying damages to the tenant before the date specified in the written notice; or
(ii) the tenant him/herself (or anyone else on the premises with the permission of the tenant) deliberately or negligently caused the problem in the first place
Self-help for minor defects by the tenant
If a landlord fails to fix the problem within the specified period of time – and the problem can be fixed either for less than $300 or an amount equal to one-half of the monthly rent (whichever is greater) – then the tenant also has the option of notifying the landlord of the tenant’s intention to fix the problem him/herself at the landlord’s expense. If the landlord receives written notice of the tenant’s intention to fix the problem, and still does nothing – either after 10 days if the problem is not too serious or as soon as necessary in the case of an emergency – then the tenant may have the work done by a licensed contractor and, after submitting the bill (including an itemized statement of the work completed) to the landlord, deduct from his rent the actual and reasonable cost of the work from the tenant’s next rent payment (A.R.S. § 33-1363).
Exceptions (the tenant may not charge repairs to the landlord if):
(i) the tenant him/herself (or anyone else on the premises with the permission of the tenant) deliberately or negligently caused the problem in the first place; or
(ii) the problem does not constitute a breach of the “fit and habitable” condition of the premises
Failure by the landlord to supply essential services
If a landlord fails to supply running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat, cooling, or air-conditioning (where such units are installed and offered), or any other essential service, then the tenant may provide written notice to the landlord identifying the problem and informing the landlord that he/she is in breach of the rental agreement (A.R.S. § 33-1364). If, after what the law describes only as “a reasonable period of time,” the landlord still has not restored the essential service, then the tenant has three options:
Option One: The tenant may arrange for the required utilities on her/his own and deduct the cost of those utilities from the tenant’s next monthly rent payment. (With the utility company’s approval, a tenant group or group of tenants also may pay a landlord’s delinquent utility bill and deduct that amount from their rent.)
Option Two: The tenant may file a claim in court to recover damages based on the decreased fair rental value of the dwelling.
Option Three: The tenant may find “reasonable substitute housing” (an inexpensive motel, for example) until the landlord restores the essential service. What this means is that when the tenant pays his/her rent for the following month, the tenant may pay a “prorated” amount. (So, for example, if the monthly rent is $900 (or $30/day), and the tenant is forced to stay in a motel for 5 days, then the tenant may reduce the next month’s rent payment by $150.) If the cost of this substitute housing exceeds the amount of the tenant’s rent for the period, then the tenant also may recover up to 25% (but no more) of the additional expense from the landlord.
In Arizona, eviction actions are called “special detainer” actions (A.R.S. § 33-1337). A landlord may undertake a special detainer action if and when (1) a tenant violates one of the tenant’s obligations (such as the obligation to pay rent on time) and (2) as a result of this violation by the tenant the landlord wishes to retake possession of the dwelling.
For more information about special detainer actions (including the reasons why a landlord may seek to have a tenant evicted, how the eviction process works, and when and how a tenant may fight an eviction), please see the separate article on this website entitled “Evictions”: [link to article here].
Domestic violence and ending a lease
Under Arizona law (A.R.S. § 33-1318), a tenant who is a victim of domestic violence may terminate a rental agreement without penalty. The tenant must provide her/his landlord with 30-day written notice (either delivered by hand or sent by registered or certified mail) requesting termination of the rental agreement. Included with this letter must be one of the following:
1. a copy of any order of protection that has been issued to the tenant who is a victim of domestic violence (The landlord may also request a receipt or signed statement that the order of protection has been submitted to an authorized officer of a court for service.) OR
2. a copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant is a victim of domestic violence
The tenant may terminate the rental agreement pursuant to A.R.S. 33-1318 if the actions, events, or circumstances that resulted in the tenant being a victim of domestic violence have occurred within the 30 days immediately preceding the date on which the tenant gives written notice to the landlord (unless the landlord voluntarily waives this requirement).
As long as the tenant meets these requirements and subsequently vacates the rental unit, the tenant will no longer be liable for future rent and may not be charged early termination penalties or fees.
Military orders and ending a lease
Under provisions of the federal Servicemembers Civil Relief Act (50 App. U.S.C.A. § 535), a tenant who is a military member and receives either Permanent Change of Station orders or orders deploying him/her for at least 90 days may terminate a rental agreement without penalty. The military member must provide his/her landlord with written notice as well as a copy of the orders. These documents must be either delivered in person or sent to the landlord by certified mail, return receipt requested. These provisions also apply to any of the military member’s family members who have responsibility under the lease. The military member who is moving or being deployed remains responsible for the costs of any reasonable repairs to the dwelling beyond ordinary wear and tear.
I am a landlady and have been for 30 years - also I am a realtor. I am often appalled at the stories I hear of bad landlords. Some of the things they do or not do are just unconsionable. The Landlord/Tenant act is your friend - it is fair law.
I also have a serious scorpion problem. My husband has already been stung and we incurred a hospital bill because of it and we have an 18 month old son who constantly has scorpions around him in his play area and where he sleeps. What can we do?
my landlord never gave me electric bills for 6 months and is now suing me the amount plus costs? What can i do. I did ask manager each month about the bill
I have a serious scorpion problem also. I need to break my lease what can we do
I MOVED IN TO LAS MONTAÑAS APTS. ABOUT 6MONTHS AGO AND I HAVE BEEN TRYING TO GET THEM TO FIX TO FIX THE APPLIENCES THAT ARE LISTED ON THE LEASE THEY WILL NOT HELP , CAN I TERMINATE THE LEASE?
Who do I file a complaint with if I have not received my security deposit or any statments within 14 days?
I've been renting from the same landlord for three years and suddenly he foreclosed. Is it possible for his name not to show anywhere on the foreclosure papers?
I lost my job and am unable to pay my lease. What happens if I break a lease, yet there isn't a provision in lease regarding breaking the lease.
I put a deposit down on an apartment along with an application fee. I was told I was not able to rent the apt. after they ran my application but will not return my security deposit. Can they legally keep my deposit? I understand them charging me the $40.00 for the application fee, but can they keep the $225.00 holding deposit?
My question is about signing a lease and the rent is showing 745.00 a month which I signed on July 30th of this year. From 09/01/2015 to midnight 08/31/2016. I was told by the manager of the complex that there was a mistake was made by there computer and that the rent should have been for 796.62. This was told to me after I had sign my original lease. The manager wanted me to initial a additional paper to show that the computer should have shown that the rent was suppose to be 796.62.what I want to know is do I pay the 745.62 or the 796.62.
How much can the landlord charge for community trash removal for each tenant in a trailer park by law.
My lease is up very soon at my current residence and my landlord has informed me that the home owner is holding me responsible for a Queen Palm Tree that died this past year and expects me to purchase and replace the tree. This is a rather expensive tree...$750 to be exact. Well, I don't feel like I should have to buy a new palm tree and I'm wondering if I'm legally responsible and need to know if I am. The irrigation system has been nothing but trouble sense before I leased the property. I've had constantly complain about it and had to have numerous repairs made and finally replace the system
I let a friend of mine live in my house rent free for about 7 months after she had a baby. I babysat and cared for the child while she worked and never charged her any money for childcare. After 7 months, she moved out but left most of her personal belongings in my house. It has now been 8 months since she left. How long does the law state that she has to come back and claim her belongings before her property is considered abandoned. And then do I legally take ownership of her property? I have also loaned her money which she has not paid back yet. Please advise. Thank you.
Are scorpions considered routine pest control?
I moved into my apartment on 17th Avenue and after the 2nd day I set in A&E mail a list of stuff that the landlord needs to fix the most important ones are electrical meaning the out plugs not working at all my kids could easily stick their fingers in their.there was Bugs infested everywhere I never signed the lease or paid a deposit due to the bugs being everywhere as I was concerned about my children it has been 2 months now and I have sent him multiple E mails to fix the situation.isituation.isent my 30daynotice to leave can Iwithhold rentfor the last month
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