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Arizona Residential Lease Agreement

Arizona caps security deposits at 1.5 months rent with a 14-day itemized return. Create a free Arizona residential lease agreement. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that sets the rent, term, security deposit, and each party's responsibilities for renting a home, and spells out how the tenancy ends. In Arizona the contract is governed by the Arizona Residential Landlord and Tenant Act, A.R.S. Title 33, Chapter 10. A landlord may not demand or receive a security deposit, however denominated, of more than one and one-half month's rent, and after the tenancy ends and the tenant demands it, the landlord must send an itemized list of deductions and any refund due within 14 days, excluding Saturdays, Sundays, and legal holidays (A.R.S. Section 33-1321). Before or at move-in the landlord must disclose in writing the name and address of the person who manages the premises and of the owner or the owner's authorized agent for service of process, must tell the tenant in writing that the Act is available on the Arizona Department of Housing's website, must give a move-in form for noting existing damage, and must provide bedbug educational materials (A.R.S. Sections 33-1319 and 33-1322). Outside an emergency, a landlord must give at least two days' notice before entering and may enter only at reasonable times (A.R.S. Section 33-1343). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract setting the rent, term, deposit, and responsibilities of a landlord (lessor) and tenant (lessee) renting a home, and how the tenancy ends. In Arizona it is governed by the Arizona Residential Landlord and Tenant Act, A.R.S. Title 33, Chapter 10.

  2. 2

    A security deposit cannot exceed 1.5 months rent. A.R.S. Section 33-1321 caps a security deposit, however denominated and including prepaid rent, at one and one-half month's rent, and requires an itemized list of deductions plus any refund within 14 days (excluding weekends and legal holidays) after the tenancy ends, possession is delivered, and the tenant demands it.

  3. 3

    Several written disclosures are required. Before or at move-in the landlord must give the tenant the manager's and owner's name and address in writing (Section 33-1322(A)), tell the tenant in writing that the Act is available online (Section 33-1322(B)), provide a move-in form for existing damage (Section 33-1321(C)), and give bedbug educational materials (Section 33-1319). Federal law also requires a lead-based paint disclosure for housing built before 1978.

  4. 4

    Entry requires two days' notice. Except in an emergency or when it is impracticable, A.R.S. Section 33-1343 requires the landlord to give the tenant at least two days' notice before entering, and to enter only at reasonable times.

  5. 5

    There is no statutory late-fee cap. A.R.S. Section 33-1368 allows a reasonable late fee if it is set out in the written rental agreement. There is no statutory grace period before a fee may accrue, but if rent is unpaid the landlord must give five days' written notice of nonpayment before terminating for it.

  6. 6

    Ending a periodic tenancy takes notice. A.R.S. Section 33-1375 lets either party end a month-to-month tenancy with at least 30 days' written notice before the next periodic rental date, or a week-to-week tenancy with at least 10 days' notice; the statute does not set a separate rent-increase notice period.

  7. 7

    There is no rent control in Arizona. A.R.S. Section 33-1329 preempts cities and towns from controlling rents on private residential property, so no local just-cause or rent-cap ordinance applies.

Key decisions before you file

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

Open the Residential Lease Agreement guide

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ARIZONA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, also called the lessor) and [TENANT NAME] (Tenant, also called the lessee), for the rental property at [FULL ADDRESS], Arizona (the Premises).

  2. TERM This is a [fixed-term / month-to-month] tenancy. If fixed-term, it begins on [START DATE] and ends on [END DATE]. If month-to-month, either party may terminate by giving at least 30 days' written notice before the next periodic rental date, or 10 days' notice for a week-to-week tenancy (A.R.S. Section 33-1375).

  3. RENT Tenant shall pay $[AMOUNT] rent per month, due on the [DAY] of each month. Arizona allows a reasonable late fee if it is set out in this written agreement (A.R.S. Section 33-1368); there is no statutory grace period, but if rent goes unpaid the Landlord must give five days' written notice of nonpayment and intent to terminate before ending the lease for it.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], which shall not exceed one and one-half month's rent, including any prepaid rent (A.R.S. Section 33-1321). After the tenancy ends, possession is delivered, and Tenant demands it, Landlord shall provide an itemized list of deductions and any refund due within 14 days, excluding Saturdays, Sundays, and legal holidays. Any fee not designated in writing as nonrefundable is refundable.

  5. DISCLOSURES Landlord discloses in writing: the name and address of the person managing the Premises and of the owner or owner's agent for service of process (A.R.S. Section 33-1322(A)); that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing's website (Section 33-1322(B)); a move-in form for noting existing damage, with notice that Tenant may be present at the move-out inspection (Section 33-1321(C)); bedbug educational materials (Section 33-1319); and, if the Premises was built before 1978, the federal lead-based paint disclosure.

  6. ENTRY Except in an emergency or when it is impracticable, Landlord shall give Tenant at least two days' notice before entering and shall enter only at reasonable times (A.R.S. Section 33-1343).

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and safe and use it only as a residence. Landlord shall maintain the Premises in a habitable condition as required by the Arizona Residential Landlord and Tenant Act.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days' written notice before the next periodic rental date, or a week-to-week tenancy with at least 10 days' notice (A.R.S. Section 33-1375). Arizona preempts local rent control, so no city or town may cap rent increases (Section 33-1329).

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease is governed by the Arizona Residential Landlord and Tenant Act, A.R.S. Title 33, Chapter 10. No notary or witnesses are required to sign an Arizona residential lease. This is an Arizona skeleton for a residential lease agreement. For the complete, customizable full Residential Lease Agreement template.

Arizona Requirements for Residential Lease Agreement

Security Deposit Cap and Itemized Return

A security deposit, however denominated and including prepaid rent, cannot exceed one and one-half month's rent (A.R.S. Section 33-1321). After the tenancy ends, possession is delivered, and the tenant demands it, the landlord must send an itemized list of deductions and any refund due within 14 days, excluding Saturdays, Sundays, and legal holidays. Wrongfully withholding the deposit can expose the landlord to damages equal to twice the amount withheld.

Disclose Manager and Owner Contact Information

At or before the tenancy begins, the landlord must disclose in writing the name and address of the person authorized to manage the premises and of the owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands (A.R.S. Section 33-1322(A)).

Provide the Landlord and Tenant Act Availability Notice

The landlord must inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing's website (A.R.S. Section 33-1322(B)).

Give a Move-In Form and Move-Out Inspection Notice

For tenancies first occupied, or under a new written agreement, the landlord must give a move-in form for noting any existing damage to the unit and written notice that the tenant may be present at the move-out inspection (A.R.S. Section 33-1321(C)).

Provide Bedbug Educational Materials

The landlord must provide bedbug educational materials to existing and new tenants (A.R.S. Section 33-1319).

Give Two Days' Notice Before Entry

Except in an emergency or when it is impracticable, the landlord must give the tenant at least two days' notice of intent to enter and may enter only at reasonable times (A.R.S. Section 33-1343).

Late Fees Must Be Reasonable and Written

Arizona sets no statutory dollar or percentage cap on a late fee, but it must be reasonable and set out in the written rental agreement (A.R.S. Section 33-1368). There is no statutory grace period before a fee may accrue, though the landlord must give five days' written notice of nonpayment and intent to terminate before ending the lease for unpaid rent.

Termination Notice and No Local Rent Control

Either party may end a month-to-month tenancy with at least 30 days' written notice before the next periodic rental date, or a week-to-week tenancy with at least 10 days' notice (A.R.S. Section 33-1375). Arizona preempts cities and towns from controlling rents on private residential property, so no local rent-control or just-cause ordinance applies (A.R.S. Section 33-1329).

Frequently Asked Questions

An Arizona lease should name the landlord and tenant, describe the rental unit, state the rent, term, and due date, and set the security deposit at no more than 1.5 months rent (A.R.S. Section 33-1321). It should also include the required written disclosures: the manager's and owner's name and address (Section 33-1322(A)), notice that the Arizona Residential Landlord and Tenant Act is available online (Section 33-1322(B)), a move-in form, and bedbug educational materials (Section 33-1319).

A landlord cannot demand or receive a security deposit, however it is labeled and including prepaid rent, of more than one and one-half month's rent (A.R.S. Section 33-1321). After the tenancy ends and the tenant asks for the accounting, the landlord must send an itemized list of any deductions and the remaining balance within 14 days, not counting weekends and legal holidays. Wrongfully withholding a deposit can expose the landlord to damages of twice the amount withheld.

Yes, you can create an Arizona residential lease agreement template for free and fill in your rent, term, and deposit details online. Attorney review is available as an optional add-on if you want a licensed attorney to check the finished lease before you sign.

No. Arizona law does not require a residential lease to be notarized or witnessed to be valid. The landlord and tenant simply sign the written agreement; notarization is not part of the Arizona Residential Landlord and Tenant Act's requirements for a lease.

Generally no. A.R.S. Section 33-1343 requires the landlord to give at least two days' notice of intent to enter and to enter only at reasonable times, except in a genuine emergency or when giving notice is impracticable.

Arizona landlords must disclose in writing, at or before move-in, the name and address of the person managing the property and of the owner or the owner's agent for service of process (Section 33-1322(A)), that the Arizona Residential Landlord and Tenant Act is available online (Section 33-1322(B)), a move-in damage form, and bedbug educational materials (Section 33-1319). Federal law separately requires a lead-based paint disclosure for pre-1978 housing.

Under A.R.S. Section 33-1375 either the landlord or the tenant can end a month-to-month tenancy by giving the other at least 30 days' written notice before the next periodic rental date. A week-to-week tenancy needs at least 10 days' notice. Arizona also preempts local rent control (Section 33-1329), so no city can cap rent increases on a periodic lease.

Arizona allows a reasonable late fee if the written rental agreement says so (A.R.S. Section 33-1368), but there is no statutory dollar or percentage cap and no fixed grace period before it can apply. Separately, if rent goes unpaid the landlord must give the tenant five days' written notice of nonpayment and intent to terminate before ending the lease for it.