In the state of Arizona, a rental agreement can either be established orally or through a written lease agreement. And once the agreement is established, both the landlord and tenant obtain certain rights and responsibilities pursuant to the Arizona Landlord and Tenant Act.
Understanding the Arizona landlord-tenant law is of paramount importance to any landlord in Arizona. Among other things, you’ll know what you can and can’t do when it comes to discharging your landlording duties.
The following is a basic overview of the Arizona landlord-tenant law.
Required Landlord Disclosures in Arizona
The statewide Landlord-Tenant Act mandates landlords to provide tenants with the following information before lease signing.
- Information about lead-based paint concentrations. This is a federal requirement specific for landlords who are renting out homes built prior to 1978.
- Information regarding bed bugs. You must provide your Arizona tenant with educational materials regarding bed bugs. And this is regardless of whether there are bed bugs in the home or not.
- The names and addresses of the parties tasked with the management of the property
- Information regarding the purpose of nonrefundable fees that you may require your tenant to pay
- A copy of the landlord-tenant act prior to requiring the tenant to sign the lease agreement
- Information on how utilities are going to be shared amongst the parties if renting a multi-unit building
- A move-in checklist detailing the move-in condition of the home
- Disclosure on pool enclosure if renting out a unit that has pool access
Arizona Tenant Rights & Responsibilities
Your Arizona tenant has the following basic rights. The right to:
- Require repairs be made within 10 days after requesting them
- Live in a home that meets all the applicable safety, health and building codes
- Live in the home without being discriminated on the basis of race, color, or any other protected class
- Enjoy their rented premises in peace and quiet in accordance with the Implied Covenant of Quiet Enjoyment
- Have their security deposit returned within 14 days after moving out of their rented premises
- Terminate their lease agreement without being penalized for legally justified reasons. Such as, if starting active military duty or if the unit becomes uninhabitable.
- Be provided with certain mandatory disclosures as already aforementioned
The list of responsibilities is as follows.
- Keep the unit in a safe and habitable manner
- Make small repairs and maintain the unit to the required standards
- Not to cause disturbances or annoyances to other tenants or neighbors
- Keep all fixtures clean and sanitary and to use them for their intended purposes
- Abide by all terms of the lease agreement
- Report all maintenance issues to the landlord within a reasonable period of time
Arizona Landlord Rights & Responsibilities
You have the following rights under the statewide landlord-tenant act. The right to:
- Enter rented premises to perform crucial landlording duties
- Evict a tenant for not abiding by the terms of the lease agreement
- Penalize a tenant for breaking their lease early for legally unjustified reason
- Charge whatever rent amount you wish since there is no rent control law in place
- Require a security deposit from a tenant who wishes to occupy the unit
- Be served a proper notice by a tenant looking to move out of the unit
- Be notified by a tenant looking to be out of town for an extended period of time
On the other hand, Arizona obligates landlords to do the following.
- Respond to tenant maintenance issues within a reasonable period of time
- Abide by the state’s security deposit rules if requiring a security deposit
- Follow the proper eviction process when removing tenants from their rented units
- Abide by the Arizona Fair Housing Act
- Not to retaliate against a tenant for exercising any of their rights
- Serve a tenant with a 2 days’ advance notice prior to entering their rented homes
- Provide tenants with the aforementioned disclosures prior to allowing them to move in
Overview of the Arizona Landlord-Tenant Law
1. Landlord Entry
In Arizona, you can only enter your tenant’s rented unit after serving them a 2 days’ advance notice. You must also only enter for a legitimate reason. The following are common examples of such reasons.
- To inspect the unit for damage
- To show the unit to interested tenants, buyers, or lenders
- In case of an emergency
- To respond to a repair request
- If there are sufficient reasons to believe the unit has been abandoned
The entry must also be within reasonable hours or as agreed by the tenant.
2. Small Claims Courts
It is fairly common for landlords and tenants to engage in disputes or disagreements. The reasons can be wide-ranging, from potential landlord harassment claims to disagreements in the security deposit deductions.
An Arizona small claims court can hear such disputes as long as the lawsuit doesn’t exceed $3,500. Eviction cases as well as written and oral contracts have a statute of limitations of 6- and 3 years.
3. Security Deposits
While you have a right to require a security deposit from your tenant, there are certain rules that you must abide by in Arizona. The following is a basic overview of such rules.
- You can only charge the equivalent of the rent for two months as a security deposit
- You must return your tenant’s security deposit (or whatever remains) within 14 days after they move out
- Wrongfully withholding your tenant’s security deposit can attract some penalties. You may be liable for paying up to double the original deposit amount.
- You must only make allowable deductions to the tenant’s security deposit
- Early Lease Termination
Arizona tenants can break their lease legally and without penalty for certain reasons. They include:
- If the tenant fulfils the requirements of an early termination clause
- If the tenant is starting an active military career
- In case of landlord harassment
- If the unit becomes uninhabitable
Beyond these reasons, you may have a right to penalize the tenant for leaving early. However, please note that Arizona landlords have a duty to “mitigate damages” after a tenant breaks their lease.
If you're having trouble navigating the Arizona landlord-tenant law, try contacting Service Star Realty. We can help you understand the law and find success with your Phoenix rental property!
Disclaimer: This content is not a substitute for professional legal advice from a qualified attorney. If you have a specific question regarding the Arizona landlord-tenant law, Service Star Realty can help. We specialize in full-service property management in Phoenix and the surrounding areas.
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