What is a rent increase notice in Arizona?

In Arizona it is the written notice a landlord uses to raise the rent on a residential tenancy, giving the new monthly figure and the date it begins. On a month-to-month tenancy the raise takes effect only after the 30-day notice under A.R.S. Section 33-1375(B) has run. It keeps the tenancy going and changes only the rent from that date forward. During a fixed-term lease the rent holds unless the lease itself allows a mid-term change.

How much notice must an Arizona landlord give before raising the rent?

At least 30 days before the periodic rental date, in writing, on a month-to-month tenancy (A.R.S. Section 33-1375(B)). The size of the raise does not change that period. The new rent cannot begin until the 30 days have run.

Can an Arizona city or town cap a rent increase?

No. A.R.S. Section 33-1329 states that the power to control rents on private residential property is preempted by the state and that cities and towns, charter cities included, do not have the power to control rents. So no Arizona municipality can cap the amount of an increase; the landlord sets the new figure subject only to the 30-day notice under A.R.S. Section 33-1375(B) and the rules against retaliation and discrimination.

Is there a limit on how much an Arizona landlord can raise the rent?

No. Arizona has no statewide cap, and because A.R.S. Section 33-1329 preempts local rent control there is no city ordinance to cap it either, so the landlord may set the new amount once the 30-day notice is given (A.R.S. Section 33-1375(B)). The raise still cannot punish a tenant for using a legal right or rest on a protected characteristic.

Can an Arizona landlord raise the rent during a fixed-term lease?

Generally no. A fixed-term lease sets the rent for its whole term, so an Arizona landlord can change it mid-term only where the lease expressly allows it. Otherwise the increase waits for renewal or applies to a month-to-month tenancy, where the 30-day notice under A.R.S. Section 33-1375(B) governs.

How should an Arizona landlord serve a rent increase notice?

In writing, in person or by mail, timed so the tenant has the full 30 days before the periodic rental date when the new rent applies (A.R.S. Section 33-1375(B)). Keep proof of how and when it was served in case the raise is later disputed. A spoken notice is not enough.

What must an Arizona rent increase notice include?

It should name the landlord and tenant, give the rental address, list the current and new monthly rent, and set the effective date, confirming it clears the 30 days A.R.S. Section 33-1375(B) requires and stating how rent is paid. Clear dates and amounts show the tenant when the new rent begins.

What happens if an Arizona rent increase notice gives too little notice?

A raise served with fewer than 30 days notice does not take effect on the date written on it. Under A.R.S. Section 33-1375(B) it becomes effective only after a full 30-day period before a periodic rental date has run, so a tenant may keep paying the prior rent until then and treat the short notice as not yet in force.

Arizona Rent Increase Notice

In Arizona a landlord must give at least 30 days written notice before raising the rent on a month-to-month tenancy (A.R.S. Section 33-1375). Arizona has no statewide rent cap and preempts local rent control. Attorney review available.

Introduction

Arizona is emphatic about who cannot set rents. Under A.R.S. Section 33-1329, the power to control rents on private residential property is preempted by the state, and cities and towns, charter cities included, have no authority to control rents. A tenant looking for a local rent-control ordinance in Phoenix, Tucson, or anywhere else in the state will not find one; the amount of a raise is left to the landlord and the market. The timing runs through a separate provision, A.R.S. Section 33-1375(B): on a month-to-month tenancy the landlord changes the rent by written notice at least 30 days before the periodic rental date, and the higher rent cannot begin until that period has run. The size of the increase does not move the 30 days. Because a fixed-term lease holds its rent for the term unless the lease allows a change, a rent increase notice suits a month-to-month tenancy or takes effect at renewal. State the parties, the rental address, the current rent, the new rent, and the effective date in writing, and keep the increase free of retaliation or discrimination. DocDraft assembles your Arizona rent increase notice from the details you enter, with attorney review available before you serve it.

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Key Things to Know

1
A rent increase notice is a written notice from an Arizona landlord telling a tenant the rent will rise, stating the new monthly amount and the date it takes effect.
2
State law preempts local rent control: under A.R.S. Section 33-1329 the power to control rents on private residential property belongs to the state, and cities and towns cannot cap an increase.
3
The timing comes from A.R.S. Section 33-1375(B): at least 30 days written notice before the periodic rental date on a month-to-month tenancy, whatever the size of the raise.
4
With no statewide cap and no local ordinance available, the landlord and the market set the new figure.
5
A fixed-term lease holds its rent through the term unless the lease allows a change, so this notice fits a month-to-month tenancy or takes hold at renewal.
6
Name the parties, give the rental address, list the current and new monthly rent, and set the effective date, all in writing.
7
A notice shorter than 30 days does not start on the date named; the raise waits until a full period before a periodic rental date has run.

Key decisions before you file

Before you file a Rent Increase Notice in Arizona, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.

Open the Rent Increase Notice guide

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[LANDLORD / PROPERTY OWNER NAME] [LANDLORD ADDRESS] [CITY, ARIZONA ZIP] [EMAIL] [PHONE]

[DATE]

[TENANT NAME] [RENTAL ADDRESS, UNIT #] [CITY, ARIZONA ZIP]

Re: Rent going up at [RENTAL ADDRESS, UNIT #], Arizona

Dear [TENANT NAME]:

This letter is your written notice that the rent for the home you occupy at [RENTAL ADDRESS] in Arizona will go up. You hold this property on a month-to-month tenancy at $[CURRENT MONTHLY RENT] per month.

Starting [EFFECTIVE DATE], the rent will be $[NEW MONTHLY RENT] per month, due on the usual day and paid the usual way. That is $[INCREASE AMOUNT] more than you pay now, about [PERCENT] percent.

The timing follows Arizona Revised Statutes Section 33-1375(B). On a month-to-month tenancy the rent is changed by written notice at least 30 days before the periodic rental date, and the effective date above gives you that full period. The size of the increase does not move the 30 days.

Arizona settles the question of local rent control directly. Under A.R.S. Section 33-1329, the power to control rents on private residential property is preempted by the state, and cities and towns have no authority to control rents. There is therefore no statewide cap and no local ordinance that limits this amount; the new figure is set by this notice, the terms of your tenancy, and the market. The increase is not a response to anything you have done and is not based on any protected characteristic.

Every other term stays the same. This notice changes only the monthly rent going forward; your security deposit and the rest of the rental agreement are unchanged, and the tenancy does not end. You may accept the new rent and stay, talk with me about the amount, or give proper written notice and move before the increase takes effect. To check the notice, count from the day this letter reaches you to the periodic rental date above; the full 30 days must sit between them before the higher rent applies. I am serving this notice in writing and keeping a dated copy, and I suggest you keep one too, because a written record is what resolves any later question about the timing. If you think the dates fall short of the 30 days Arizona requires, tell me in writing and we will review them. Questions about the amount or the effective date can go to the phone number or email above.

Please update your records so the payment due on or after [EFFECTIVE DATE] reflects the new rent of $[NEW MONTHLY RENT]. Staying on or after that date means the new rent applies.

Sincerely,

[LANDLORD / PROPERTY OWNER NAME]

Delivery record: Served on [DATE] by [personal delivery / mail to the address above]. Keep a copy for your records.

Note: This Arizona rent increase notice draws on A.R.S. Section 33-1375(B) and Section 33-1329. Arizona sets a 30-day notice for a month-to-month tenancy, has no statewide rent cap, and preempts local rent control. For the generic template and other states, see the Rent Increase Notice hub.

Arizona Requirements for Rent Increase Notice

30-Day Month-to-Month Notice
On a month-to-month tenancy an Arizona landlord must give at least 30 days written notice before the periodic rental date to raise the rent (A.R.S. Section 33-1375(B)). The effective date must give the tenant at least that many days. Arizona does not add tiers based on the size of the increase.
No Statewide Cap, Local Control Preempted
Arizona has no statewide rent cap, and A.R.S. Section 33-1329 preempts local rent control, so cities and towns cannot cap the amount of an increase. A landlord may set the new amount as long as the required notice is given. The new rent is set by this notice and the terms of the tenancy.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
Written Notice Before the Rental Date
The notice must be in writing and delivered so the tenant has at least 30 days before the periodic rental date on which the new rent applies (A.R.S. Section 33-1375(B)). Deliver it personally or by mail and keep proof of how and when it was served. A verbal statement is not enough.
Counting the Effective Date
Count at least 30 days from when the notice is given to the periodic rental date stated in the notice (A.R.S. Section 33-1375(B)). The increase takes effect only on or after that rental date; set the effective date so the full notice period has run.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 30 days A.R.S. Section 33-1375(B) requires. Clear dates and amounts tell the tenant when the new rent applies.
A Short Notice Does Not Take Effect
A rent increase served with less than 30 days notice does not take effect on the stated date. Under A.R.S. Section 33-1375(B) the increase is effective only after a proper notice period runs, and a tenant may continue paying the prior rent until then.
State Preemption of Rent Control
A.R.S. Section 33-1329 provides that the power to control rents on private residential property is preempted by the state, and that cities and towns do not have the power to control rents. There is therefore no local ordinance that caps the amount of an increase. The main legal questions are the notice period and freedom from retaliation or discrimination.

Introduction

Key Things to Know

Key decisions before you file

Customize your Rent Increase Notice Template with DocDraft

Arizona Requirements for Rent Increase Notice

30-Day Month-to-Month Notice

No Statewide Cap, Local Control Preempted

No Mid-Lease Increase on a Fixed Term

Written Notice Before the Rental Date

Counting the Effective Date

What the Notice Must State

A Short Notice Does Not Take Effect

State Preemption of Rent Control

Frequently Asked Questions