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.
0/5000
Key Things to Know
- 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
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
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
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
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
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
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 guideCustomize your Residential Lease Agreement Template with DocDraft
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).