Arizona Residential Landlord and Tenant Act
This article provides an overview of the Arizona Residential Landlord and Tenant Act and the references cited are to the applicable portion of the Arizona Revised Statutes. This information is provided for apartment and home rentals. The rules for renting a mobile home or a space for a mobile are similar but are not covered by the Arizona Residential Landlord and Tenant Act. Mobile home parks are governed by a different set of statutes that can be found at A.R.S. §§ 33-1401 - 33-1501.
A Landlord Cannot do certain things under the Act:
While a landlord can bill separately for utilities, he/she cannot make a tenant to sign a lease that requires a tenant to waive any rights under Arizona law. A.R.S. §§ 33-1314.01 & 33-1315. It is also illegal for a landlord to allow someone to live in a residence rent free in return for the landlord not maintaining the property. A.R.S. § 33-1316. In addition, a landlord cannot refuse to rent a residence on the basis that the potential tenant has children. A.R.S. § 33-1317. Landlords must also register with the county assessor. A.R.S. § 33-1902.
From the tenant’s perspective, perhaps the most important thing to remember is that a tenant has a duty to pay rent and to pay that rent on time. If a tenant fails to do so, the landlord will likely bring an eviction action. 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. In order to better protect your rights, keep copies of all payments and notices exchanged between your landlord and yourself. Additionally, require your landlord to put all agreements in a writing s/he signs and dates. If you anticipate a problem, try to get additional evidence, such as witnesses or photographs.
In addition to the obligation to pay rent on time, a tenant must do the following under Arizona law. A.R.S. §§ 33-1341 & 33-1344.
- Keep the residence clean and safe
- Remove and dispose of trash
- Keep all plumbing fixtures clean
- Use electrical appliances, heating and air-conditioning systems and plumbing in a reasonable manner
- Not deliberately or negligently damage the property or allow someone else to do so
- Unless agreed otherwise, use the property only as a residence
Access by Landlord to the Residence A.R.S. § 33-1343
A tenant cannot unreasonably withhold consent to the landlord to enter the residence in order to inspect the premises or make repairs. Unless there is an emergency or unless it is impracticable to do so, the landlord must give the tenant at least two days notice that he is going to enter the residence. The landlord can only enter at reasonable times.
A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324.
- Provide the tenant with the name and address of the property’s owner and manager
- Provide the tenant with a free copy of the Arizona Landlord and Tenant Act
- Provide the tenant with a signed copy of the lease
- Provide the tenant with possession of the residence
- Comply with applicable building codes
- Make necessary repairs so that the residence is habitable
- Keep common areas clean
- Maintain all electrical, plumbing, heating, and air-conditioning equipment
- Provide for the removal of trash
- Supply running water and reasonable amounts of hot water
Security Deposits A.R.S. § 33-1321
A landlord can require that the tenant make a security deposit to cover any potential damages made to the property. The amount of the security deposit cannot be more than one and one-half month’s rent. Upon move-in, the landlord is required to furnish the tenant with a signed copy of the lease, a form documenting any damages to the property, and written notification that the tenant may be present at the move out inspection. However, the tenant is required to ask the landlord when the move out inspection will occur. If a tenant requests the security deposit back after he has moved out, the landlord must return it or provide an itemized list of all of the deductions taken for property damage and the balance of the deposit within 14 days. If the landlord fails to do so, the tenant can file suit in a justice court and recover twice the amount wrongfully withheld.
Tenant Options if Landlord Fails to Comply
Self-Help for Minor Defects A.R.S. § 33-1363
If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.
Failure to Supply Essential Services A.R.S. § 33-1364
If a landlord fails to provide running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat and/or cooling, then the tenant may give notice to the landlord that he is in breach of the lease. At that point, the tenant has one of the following three options:
Option One: The tenant can arrange for utilities on his own and deduct the cost from the rent. With the utility company’s approval, a tenant group or group of tenants can pay a landlord’s delinquent utility bill and deduct that amount from their rent.
Option Two: The tenant can file suit and recover damages based on the decreased fair rental value of the residence.
Option Three: The tenant can find substitute housing (e.g. a motel) during the period of the landlord’s noncompliance. If this occurs, the tenant is excused from paying rent for as long as the landlord does not provide the essential service.
Other Noncompliance by the Landlord A.R.S. § 33-1361
If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest.
Military Orders and Lease Provisions
Under the Service Members’ Civil Relief Act, a military member can break his lease upon receipt of Permanent Change of Station orders or upon receipt of orders deploying him for at least 90 days. 50 App. U.S.C.A. § 535(a). If one of those events occurs, then the landlord cannot refuse to allow the military tenant to leave. This provision of federal law also applies to any of the military member’s family members who may have responsibility under the lease. 50 App. U.S.C.A. § 535(a)(2). A military tenant who is either moving or being deployed is still responsible for any reasonable repair costs to the residence beyond normal wear and tear.
To terminate a lease under this law, the military member must provide the landlord with written notice and a copy of the orders. 50 App. U.S.C.A. § 535(c)(1)(A). The military member can either deliver this notice in person or mail it certified mail, return receipt requested, to his landlord. 50 App. U.S.C.A. § 535(c)(2).
As a general rule, the only defense to an allegation of nonpayment of rent is that the rent was actually paid, in the manner and in the amount provided in the lease.
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?
My lease is over in 2 months and iam not going to be able to pay it have tio move what can i do.
Can a landlord charge a utilities overuse charge when you live in a weekly rental all utilities paid. And if not can you provide AZ. Statute.
Is it legal for a landlord to put into our lease a statement that says "If for any reason during the duration of this lease agreement the relationship between Lessor and Lessee is soured, Landlord reserves the right to serve a 30 day written notice to vacate." Isn't this unconscionable? And shouldn't any ability to break a contract be fair to both parties?
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 live in an apartment complex that is slated to be sold to new owners at the end of this month. The new owners are planning major repairs and upgrades, resulting in a major rent increase. My current lease is for another six months. I cannot afford higher rent, nor coming up with first/last/deposit etc quickly for a new place. What are my rights? Do the new owners have to "buy" out my current lease?
Does a roach problem qualify as uninhabitable? Is it the landlords responsibility to pay for pest control?
As a tenant of a home there are several repairs that are needed on the home from the beginning all but two repairs re listed on the move-in-inspection report and submitted now after a 10 months still no repair what is my next step.
In june or july our gas was shut off due to non-payment. when a technician came to turn services back on he left a notice stating the waterheater was in unsafe condition and the light had not been lit. After consulting with Southwest gas, we were told NOT to light it ourselves under any circumstances. When we informed our landlord of this (via text message) he bombarded both my husband and I with vulgarity, and told us he wasn't fixing anything. In fact, he accused us of breaking it. We STILL have no hot water and I am now at the point where I am ready to sue. Need some guidance, please?
Put a deposit on a two week rental in Dec 2016 for March 2017. Now I am being told the agreement cannot be honored and my deposit will be refunded. Is this totally legal?
my landlord gave me a notice to terminate my tenancy she says that i destroyed the outside which is not true and that i had illegal occupants living with me not true and that the inside of my house was unsafe and unhealthy also not true an inspector was at my house twice at the same time she is talking about they saw nothing wrong also a couple of months ago I asked the landlord to fix my air conditioning she failed to do so so I called section 8 they gave her thirty days to fix it she did on the last day of the thirty days so she told me Iin the phone that that's why she is really kicking me
If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
He told me that I could actually get all the money I needed by using my home as collateral. . .
He told me that I could actually get all the money I needed by using my home as collateral. . .
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program