Arizona Roommate Agreement
The Arizona rules that shape the document: no lodger law, no cotenant definition, and no joint-liability or deposit-split default, so the written agreement governs.
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Introduction
A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In Arizona, the Residential Landlord and Tenant Act (ARLTA, A.R.S. Title 33, Chapter 10) never defines "co-tenant" or "subtenant" and sets no landlord-consent rule for adding a roommate. ARLTA does define a "roomer," but does not exclude roomers from its coverage, so a roommate, like any tenant, can only be removed through the standard notice-and-eviction process, not a faster lodger-style removal. Arizona also has no statute setting a joint-and-several rent default or apportioning a security deposit among roommates. The written agreement, together with the lease, is what actually governs the rest.
Key Things to Know
- 1
Arizona has no lodger law. The Residential Landlord and Tenant Act defines a "roomer" but does not exclude roomers from its coverage, and A.R.S. 33-1314(D) folds a rent-paying roomer into an ordinary week-to-week tenancy rather than a special removal track. An invited roommate can only be removed through the standard notice-and-eviction process under A.R.S. 33-1368, never by self-help.
- 2
Arizona law does not define "co-tenant" or "subtenant" and sets no landlord-consent rule for adding a roommate to an existing tenancy. Whether an added roommate needs the landlord's consent, and what status that roommate holds, depends entirely on the lease and this agreement, not on a codified state default.
- 3
An Arizona roommate agreement never binds the landlord. It is a contract between the roommates only. It does not require the landlord to recognize a new occupant, does not change who is on the lease, and does not override any landlord-consent clause the lease already contains.
- 4
Only the landlord can terminate a tenancy in Arizona, and only through the courts. A.R.S. 33-1368(A) requires 10 days' written notice for a curable lease breach (5 days for a health or safety violation under 33-1341). No Arizona statute lets one roommate remove another; a landlord's own self-help ouster exposes the landlord to statutory damages under 33-1367.
- 5
Arizona has no statute setting a default joint-and-several rule for rent among roommates. A.R.S. 12-2506 abolishes joint-and-several liability for tort claims only, such as personal injury or property damage, and does not reach lease or rent obligations, so it cannot be read to govern how roommates split rent.
- 6
Arizona's security deposit statute, A.R.S. 33-1321(D), is written only in landlord-to-tenant terms: an itemized accounting is owed to the tenant within 14 days of move-out. It says nothing about dividing a shared deposit among roommates, so this agreement should set that split and process directly.
- 7
Arizona's owner-occupied fair housing exemption, A.R.S. 41-1491.02(A)(2), tracks the federal Mrs. Murphy rule: an owner who lives in one unit of a dwelling of four or fewer units may choose a roommate freely under state law, without adding any state protected class beyond the federal list, and the exemption covers advertising the same as selection rather than treating them separately. Within Phoenix, a city ordinance (Ord. No. G-7086) adds sexual orientation, gender identity or expression, and source of income as protected classes and removes the exemption's protection for source-of-income-based rejection, so a Phoenix owner cannot reject a roommate applicant because of their source of income even though the state exemption itself sets no such limit.
Key decisions before you file
Before you file a Roommate Agreement in Arizona, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Arizona Requirements for Roommate Agreement
State plainly that the roommate agreement is a contract between the roommates only, does not modify the Lease, and does not obligate the landlord, since Arizona's landlord-tenant act does not define co-tenant status or set a consent default.
ARLTA folds a rent-paying roomer into an ordinary week-to-week tenancy rather than excluding roomers from coverage (A.R.S. 33-1310(14); 33-1308; 33-1314(D)). State clearly that only the landlord, through the standard eviction process under 33-1368, can remove a roommate, and prohibit self-help removal.
No Arizona statute sets a default joint-and-several or pro-rata rule for rent among roommates; A.R.S. 12-2506 reaches only tort claims. Draft the payment clause to state each roommate's share explicitly.
A.R.S. 33-1321(D) governs only the landlord's itemized accounting to the tenant, with no division among roommates. Include a clause setting each roommate's contribution and the move-out split.
A.R.S. 41-1491.02(A)(2) exempts an owner-occupier of a four-or-fewer-unit dwelling from the state's discrimination rules for both choosing and advertising for a roommate, without adding any protected class beyond the federal list. Note this scope when drafting a roommate listing clause.
Frequently Asked Questions
It is a contract between co-tenants who share a home in Arizona. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.
No. An Arizona roommate agreement is a contract only between the roommates. It does not bind the landlord, does not modify the Lease, and does not add anyone as a tenant of record. Any change to who is on the lease is a separate matter between the tenant and the landlord.
No. Arizona has no lodger law and no fast-track removal process one roommate can use against another. The Residential Landlord and Tenant Act folds a rent-paying roomer into an ordinary tenancy, so removing an unwanted roommate requires the landlord to complete the standard notice-and-eviction process under A.R.S. 33-1368.
Arizona's landlord-tenant act defines a roomer as someone sharing a bathroom or kitchen with occupants of other dwelling units, but it does not exclude roomers from the act's coverage. A.R.S. 33-1314(D) instead defaults a rent-paying roomer into a week-to-week tenancy, so a roomer is removed the same way any tenant is, through formal eviction, not a special shortcut.
Arizona's landlord-tenant act does not say. It never defines co-tenant or subtenant and sets no statewide consent rule for adding a roommate, so whether the landlord's consent is required depends entirely on what the Lease itself says.
Arizona has no statute setting a default rule on this. A.R.S. 12-2506 abolishes joint-and-several liability, but only for tort claims like personal injury or property damage, not for rent or lease obligations. Whether roommates owe the full rent or only a share depends on the Lease and this agreement.
No. A.R.S. 12-2506 is Arizona's general abolition of joint-and-several liability, but its text limits it to actions for personal injury, property damage, or wrongful death. It does not reach contract or rent obligations, so it cannot be cited as setting a rent-liability rule for roommates.
Arizona law does not say. A.R.S. 33-1321(D) only requires the landlord to give the tenant an itemized deduction list within 14 days of move-out; it does not divide a shared deposit among multiple roommates. This agreement should set the split and the move-out process yourselves.
Yes, under state law. Arizona's owner-occupied exemption, A.R.S. 41-1491.02(A)(2), is written as a blanket carve-out that covers both selecting a roommate and advertising for one the same way. That differs from states that exempt the choice but still restrict what a listing may say. Within Phoenix, a city ordinance narrows this: it adds sexual orientation, gender identity or expression, and source of income as protected classes, and it removes the exemption's protection for rejecting or excluding an applicant based on source of income, for both selection and advertising.