See below for information relating to Arizona landlord-tenant laws provided by Avail in conjunction with the law firm of Gordon & Rees Scully Mansukhani, LLP.

Are there specific security deposit requirements?

Are receipts required for security deposit payments?

Are interest payments required on deposits?

Do late fees need to be written in the rental agreement?

Are there rent payment grace period laws?

Are there required disclosures that need to be given to tenants?

Is a rental license required to be a landlord?

Security Deposits

Rental Agreements

Rent Laws

Rental Application Laws

Tenant Screening Laws

Rental Property Repair Laws

Eviction Laws

Pet Laws

Retaliation

Reference

Landlords cannot require more than one and one-half month's rent for a security deposit.

No, Arizona law does not require a landlord to provide a security deposit receipt. Nonetheless, it is always advisable to confirm in writing when a security deposit is received to avoid disputes as to the amounts provided and when the security deposit was paid.

No, Arizona does not require landlords to pay interest on security deposits.

No, Arizona does not require landlords to hold the security deposit in a different account.

Landlords have 14 days to return a tenant's security deposit.

A security deposit can be withheld in the following instances:  

Any unpaid rent that the tenant still owes (subject to the landlord’s duty to mitigate future losses) 

The cost required to repair any damage caused to the rental unit by the tenant beyond ordinary wear and tear 

Other expenses incurred by the landlord due to the tenant’s failure to fulfill the tenant’s obligations (for example, the cost of removing from the rental unit and disposing of personal items left behind by the tenant)

And/or any other charges that the rental agreement specifically allows the landlord to collect from the tenant 

Yes, rental leases for one year or more must be in writing.  

The landlord and tenant may include additional rules in a rental agreement that are not prohibited by law. In Arizona, "rental agreement" means all agreements, written, oral, or implied by law. 

Unless the rental agreement fixes a definite term, the tenancy is week-to-week in the case of a tenant who pays weekly rent, but the default in all other cases month-to-month.

Arizona landlords must give tenants at least 30 days' notice (in writing) to increase rent or change another term of a month-to-month rental agreement. If a tenant has a long-term lease, however, landlords may not increase the rent until the lease ends and a new tenancy begins — unless the lease itself provides for an increase. 

Landlords may, however, adopt new rules and regulations that don't substantially modify the rental agreement after giving tenants 30 days' notice.

Yes. As a tenant's lease ends, either the tenant or the landlord may decide not to renew the lease. If the lease is month-to-month, to terminate a lease, the tenant or the landlord must give the other written notice at least thirty (30) days before the end of the last month the tenant plans to live in the property.

Arizona law does not cover sublease and assignment provisions. 

In the absence of a rental agreement, the tenant shall pay the fair rental value for the use and occupancy of the dwelling unit. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly charged from day to day.

There are no rent control laws in Arizona.

A rental agreement is not allowed to contain a term that allows the landlord to charge a penalty fee for late payment of rent unless a tenant is allowed a minimum of five days beyond the date the rent is due in which to make his rent payment.

No, a tenant may not withhold rent for any reason not included in the Landlord and Tenant Act.

There is no limit on the amount a landlord may require as an application fee.

The purpose of all non-refundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as non-refundable is refundable.

Arizona does not have laws preventing inquiries on a rental application. 

Arizona law does not identify which reports are allowed or prohibited. However, Arizona does prohibit discrimination against a tenant with children. These statutes are governed under § 33-1317. In 33-1317(A)(B)(C)(D), a person who “knowingly refuses to rent” to anyone who has children or who advertises that a property will not be rented to a tenant with children is guilty of a petty offense. 

On the other hand, a property cannot be rented to a tenant with children when that property is specifically designated as being for older persons.

Arizona tenants are protected by the Fair Housing Act.

There is no limit to what landlords may charge for application fees, including the cost of tenant screening reports. 

Comply with the requirements of building codes materially affecting health and safety. 

Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 

Keep all common areas of the premises in a clean and safe condition. 

Maintain good and safe working order and condition of all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required. 

Provide and maintain appropriate receptacles and conveniences for removing ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 

Supply running water and reasonable amounts of hot water at all times, 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.

If a landlord fails to supply running water, gas, or electricity, reasonable amounts of hot water, or air conditioning/cooling, the tenant notifies the landlord specifying how the landlord breached the agreement. 

The tenant can seek these essential services when the landlord is not in compliance and deduct their costs from the rent. This rule applies if the landlord breaches any requirements in 33-1324.

Tenants have the right to abandon the rental unit if it's no longer safe for human habitation.

A tenant can abandon a lease when the landlord is in material noncompliance with the lease, and the landlord fails to fix the breach within ten days, or when the landlord violates his duty to maintain a "fit" premises (33-1324) that affect health and safety and fails to fix the breach within five days. 

If the landlord fails to comply with their legal obligations, and the cost of compliance is less than $300, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant can recover damages for the breach or must notify the landlord of the tenant's intention to repair the breach at the landlord's expense. 

After being notified by the tenant in writing, if the landlord fails to comply within ten days or within a prompt time (for emergencies), the tenant can procure a contractor. After submitting to the landlord an itemized statement and a waiver of lien, the tenant can deduct the actual cost of the work from the rent as long as it does not exceed the amount specified.

Eviction actions are called “special detainer” actions. A landlord may initiate 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.

A landlord must go through a formal court process to evict a tenant. However, before a landlord may go to court, the landlord first must provide the tenant with written notice of default that specifically states the default and provides at least: 

Five days for the tenant to cure a payment default or health and safety violations 

10 days for other violations that are not health or safety violations 

Landlords should always check their lease to see if it provides for a longer period than stated above.   

In those circumstances, it must provide at least the amount of time provided in the lease. The court will require a landlord to show proof that a written notice was delivered to the tenant. If, after receiving this letter from the landlord, the tenant does not either: 

Cure the default by paying the past due rent or resolving the non-payment default

Or voluntarily move out of the rental unit, the landlord may begin the eviction process. 

The eviction (or “special detainer”) process begins when the landlord files a complaint with the court. 

Self-help evictions are illegal in Arizona. 

There are no limits to pet deposits or pet rent in Arizona under Arizona law.

Arizona does not provide legal protection or recognition for emotional support animals (ESA). While ESAs play an important role, handlers are only legally protected regarding housing. The Fair Housing Act provides protections for individuals with emotional support animals. Under this act, handlers with ESAs have equal rights to accommodation without prejudice. This means landlords and property owners cannot charge additional fees or refuse to rent to a person because of their ESA.  

Also, while landlords can request an ESA letter, they cannot demand to see certifications or qualifications to verify the animal’s services. They are only allowed to ask if the handler has a disability and whether the animal assists the handler with that impairment. 

The landlord may not retaliate by increasing rent, decreasing services, or by bringing/threatening to bring an action for possession after any of the following: 

The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. 

The tenant has complained to the landlord of a violation under section 33-1324 (Landlord duty to maintain fit premises). 

The tenant has organized or become a member of a tenants' union or similar organization. 

The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.

The tenant is entitled to legal remedies and has a defense against the landlord for possession. Under Arizona law, the tenant may recover possession or terminate the rental agreement and, in either case, recover up to two months' rent or twice the actual damages the tenant had, whichever is greater. If the rental agreement is terminated, the landlord must return the security deposit (the landlord can still make deductions for damages from the security deposit).

A tenant can abandon a lease when the landlord is in material noncompliance with the lease, and the landlord fails to fix the breach within 10 days, or when the landlord violates his duty to maintain a "fit" premises (33-1324) that affect health and safety and fails to fix the breach within five days. 

No, Arizona doesn't have a statewide requirement on rental licenses. 

In adherence to the Arizona state laws governing the usage of medical marijuana, a landlord cannot refuse to rent out the property to a person who bears a card approved by the state.

The information provided on this website does not constitute legal advice. Instead, all information available on this site is for informational purposes only. Use of, and access to, this information does not create an attorney-client relationship between the reader and Avail or the contributing law firm.

Learn more about Arizona landlord-tenant laws on general renting, security deposits, rent payments, tenant screening, and more.

Arizona Landlord-Tenant Laws

Arizona at a Glance

Arizona Security Deposit Laws

Arizona Rental Agreement Laws

Arizona Rent Laws

Arizona Rental Application Laws

Arizona Tenant Screening Laws

Arizona Rental Property Repair Laws

Arizona Eviction Laws

Arizona Pet Laws

Arizona Retaliation Laws

Reference

Get Started

Company

Features

Resources

Get Support