Overview of Arizona Residential
Landlord Tenant Law
For information regarding the Landlord Tenant Act please click
here or call (602) 542-4086. For information regarding the Arizona Mobile
Home Parks Residential Landlord and Tenant Act click
here. You may pick up a copy of the Landlord Tenant Act or the Mobile
Home Parks publication from customer service at the following locations: 14 N.
18 Ave in Phoenix or 400 W. Congress 2nd Floor, Room 252 in Tucson.
To order ten copies or more of
the Overview, please contact the
Public Information Office
Editor's Note: The Public Information
Office of the Arizona Supreme Court cannot answer legal questions about the
Arizona Residential Landlord Tenant Law or the Arizona Mobile Home Parks
Residential Tenant Act. The Overview was published before a change was
made in the law regarding Rights and Obligations of Landlords. click
to view the Secretary of State's web site for an updated version of the
Act.
This pamphlet explains important points under the Arizona Residential Landlord and
Tenant Act. It is an overview of Arizona law, but it does not explain everything in the
law that might be important to a specific case.
Court employees are prohibited from practicing law; they can provide general
assistance, but can't give you legal advice. You are encouraged to take specific
landlord/tenant matters to an attorney.
This document does not address:
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Public housing operated by a government
agency.
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Business rentals.
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Nonresidential rentals.
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Tenants' rights to make repairs and deduct the cost of those repairs from the
rent, or
other "self help" rights of tenants.
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Eviction for health or safety reasons, or abandonment of the dwelling by the tenant.
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Mobile home lot rentals (although the information here does apply to rental of mobile
homes).
I. General Matters
a) As a landlord, you can collect and receive rent in a timely manner.
b) You can establish rules and regulations which are reasonable, fair and explicit --
and which are applied uniformly to all tenants.
c) You must rent to families with children unless the rental dwelling is in a
subdivision or area which is restricted to adults only (by formal deed restrictions) or
which qualifies as housing for older persons, under the Fair Housing Act.
d) You cannot refuse to rent to someone because of his/her race, sex or disability.
e) You can withhold part or all of a security deposit if the tenant owes you rent or
other reasonable charges. You must provide the tenant with written itemization of any
damage costs.
f) All deposits you receive from renters are refundable unless otherwise stated in
writing.
II. Rental Agreements and You
a) Rental agreements can usually be oral or written for rental periods of 12 months or
less, but if your tenant is renting for longer than 12 months, the agreement must be in
writing. You must give the tenant a signed copy of the agreement with all blank spaces
filled in.
b) If you and the tenant do not formally establish how long the rental agreement will
last, then it becomes a month-to-month agreement, and rent is due to you on the first day
of each month.
c) If your tenant fails to pay the rent on time, you can collect all reasonable charges
specified in the rental agreement.
d) You can raise the amount of the rent after the full-term of any rental agreement has
expired. If the tenant is renting month-to-month, you can raise the rent only after
providing one full month's advance notice to the tenant. Rent can also be raised during
the term of a lease to add any increase in the transaction privilege tax or other increase
specifically provided for in your rental agreement with the tenant.
III. Condition of the Premises
a) Your rental dwelling must be safe, clean and habitable. Any appliances provided by
you must be in good working order.
b) You must supply running water and reasonable amounts of hot water to your tenant(s).
You also must supply reasonable heating and cooling if heating and cooling units are
installed in the dwelling and you offered them as part of the rental arrangement with the
tenant. You must supply gas or electric utilities service.
c) You can enter the premises to inspect, make repairs, alterations, decorations or
improvements at reasonable times, if you provide at least two days' advance notice to the
tenant.
d) In case of emergency, you can enter the premises without the tenant's consent.
IV. Your Conduct
a) You must enforce the rules and regulations involving your rental property uniformly
and fairly for all your tenants. New rules or regulations require 30-days notice to
existing tenants.
b) You have the right to require your tenant(s), their families and guests to act in a
way which does not disturb others.
c) You must be truthful concerning condition of premises, availability, future changes,
etc.
V. Ending the Rental Relationship
a) When there is no dispute about rent being due:
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If your tenants are renting month-to-month, you must give them at least 30
days notice
-- in writing -- before the next rent payment would normally fall due.
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You must allow tenants to be present during move-out inspection.
b) When tenants have fallen behind in their rent payments:
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You must notify your tenants, in writing, that they have five calendar days in which to
pay their past due rent, or your rental agreement with them will be terminated, and they
will be evicted. You can give them the written notice any time the rent is past due.
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You must either hand-deliver the five day notice to the tenants, or send it to them by
certified or registered mail.
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If you send the notice by certified or registered mail, it will be considered received
on the date the tenant signs for it, or five days after you mailed it, whichever occurs
first.
VI. Things You're Not Allowed To Do
a) You cannot keep tenants' belongings in place of rent money they may owe you.
b) You cannot lock tenants out of the rental dwelling (or intentionally cut off
electric/gas/water or other essential services) until one day after an eviction order
(called a Writ of Restitution) signed by the court has been served on the tenant(s).
c) You cannot raise the rent to specifically retaliate against a tenant for complaining
about housing code violations, for joining a tenant union, or for complaining about your
failure to keep the dwelling fit.
VII. General Matters
a) You must pay the rent by the date it is due, and you have the right to obtain a
receipt from the landlord.
b) Any security deposit and/or advance rent required from you by the landlord cannot
exceed 150 percent of one month's rent. However, you can voluntarily pay more than
one-and-one-half month's rent in advance.
c) You can get back the balance of any refundable security deposit within 14 business
days after your rental agreement with the landlord has been terminated. However, the
landlord may deduct any rent or other reasonable charges (which must be itemized in a
written statement) from your security deposit.
d) Any redecorating or clean-up deposits which you pay are also returnable to you
unless your rental agreement with the landlord states otherwise.
VIII. Rental Agreements and You
a) All blank spaces in a written rental agreement must be filled in, and you must
receive a signed copy.
b) The agreement should indicate whether the landlord or tenant is responsible for
paying specific utility bills.
c) Rental agreements remain in effect unless:
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the landlord or tenant violates the conditions of the agreement, and proper notice is
given to either party by the other;
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both you and the landlord agree to end the agreement; or
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either you or the landlord gives the other party proper notice that the agreement will
be terminated.
d) Your landlord cannot raise your rent, except:
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when the full term of any written rental agreement has
expired;
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after providing you with at least one
month advance notice, in the case of a month-to-month agreement;
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when a written rental agreement specifically provides for increases in the amount of
your rent; or
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when a transaction privilege tax on residential property is increased.
IX. Condition of the Premises
a) You must keep the rental premises as clean and safe as the condition of the dwelling
permits.
b) You must dispose of all garbage, rubbish and other wastes in a clean and safe
manner.
c) You must keep all plumbing fixtures clean, and use appliances and supplied utilities
in a reasonable manner.
d) You must allow the landlord to enter the rental premises for repairs/inspections at
reasonable times, after the landlord has given you at least two days advance notice.
e) In an emergency, the landlord can enter without your consent.
X. Your Conduct
a) You must not damage or destroy any part of the rental premises.
b) You are responsible for the actions of your guests.
c) You are entitled to privacy and peaceful use of the premises. You must not act in a
way which disturbs neighbors.
d) You must promptly return all keys to the landlord when you move out.
e) You must be truthful about information concerning occupants, pets, income,
employment or criminal history.
XI. Ending the Rental Relationship
a) When there is no dispute about rent being due:
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If you are renting month-to-month, you must provide the landlord with written notice --
at least 30 days before your next payment would be due -- that you will be terminating the
rental agreement.
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If you are renting for a longer period you still may be required to provide the landlord
with written notice of your intent to terminate the rental agreement. Carefully read the
terms of any agreement to see what requirements apply to you.
b) If you have fallen behind in your rent payments:
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You can stay in the rental dwelling if you pay any
past due rent and late charges within
five calendar days of being given legal notice by the landlord of possible termination of
your rental agreement.
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If, after your landlord files suit against you, but before a judge issues a ruling, you
pay the rent, late charges, court costs and reasonable attorney fees, you also can stay in
the rental dwelling. Your landlord cannot force you to move out unless a judge grants an
order for your eviction (called a Writ of Restitution), and the order is served on
you
(usually by a sheriff or constable). If judgment is in favor of the landlord in a special
detainer case, the landlord has sole discretion regarding the reinstatement of the rental
agreement.
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If your landlord accepts a partial payment of the rent you owe, the landlord still may
have the right to evict you unless you have a written agreement that allows you to stay.
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You can be held liable for two
months rent (or twice the amount of any damages you
caused) after your rental agreement with your landlord is terminated if it is found
that you willfully failed to act in good faith, according to the terms of your rental
agreement.
XII. Remedies Available to You
You may be entitled to two months free rent (or twice the amount of damages you may
have suffered) if your landlord wrongfully locks you out of the dwelling or intentionally
cuts off essential services.
Business Days - Days on which the court is open; does not include weekends and
holidays. (Never count the day a notice is delivered or the complaint is served; start
counting the next day. Count calendar or business days as indicated.)
Calendar Days - Every day on the calendar, including weekends and holidays.
Judgment - A judge's decision in a dispute.
Landlord - An owner or person who leases a residence to the tenant.
Notice - Actions or words which reasonably inform another party of something
that is going to happen.
Premises - A dwelling unit, and the structure of which it is part, including the
furniture, utilities and grounds associated with the rental property.
Rental Agreement - A written or oral contract for rental of the premises. If the
tenant is renting for more than 12 months, the agreement must be in writing.
Tenant - A person entitled to occupy a rental dwelling.
Termination - The end of a rental agreement.
Writ of Restitution - An eviction order signed by a judicial officer.
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Arizona Landlord/Tenant Residential Evictions for Non-Payment of Rent pamphlet --
available at your courthouse or the Arizona
Administrative Office of the Courts.
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A copy of the Arizona Landlord and Tenant Act -- available from the Secretary of
State's office, county law library or justice of the peace court.
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Your local county bar association (listed in the white pages of the telephone
directory).
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Lawyers in your area (listed in the Yellow Pages).
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If you cannot afford an attorney, you may qualify for free legal representation. Call
your local legal aid office (listed in the telephone directory).
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Other publications dealing with landlord/tenant relations may be found in public
libraries and bookstores.
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Community Information and Referral
Services statewide, 24-hour, bilingual help line
(602) 263- 8856 or 1-800-352-3792.
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