Renting Out Your Property in Arizona: A Landlord's Guide
Renting out property in Arizona requires understanding specific state laws that govern landlord-tenant relationships, including the Arizona Residential Landlord and Tenant Act. Property owners must comply with requirements for security deposits, disclosures, maintenance standards, and eviction procedures that are unique to Arizona's legal framework.
Arizona law limits security deposits to 1.5 times the monthly rent and requires landlords to return deposits within 14 days after lease termination. Failure to comply with Arizona's landlord-tenant laws can result in financial penalties and legal complications.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Arizona Residential Landlord and Tenant Act
This is the primary law governing residential rental agreements in Arizona. It outlines the rights and responsibilities of both landlords and tenants, including requirements for security deposits, maintenance obligations, and eviction procedures. As a landlord in Arizona, you must comply with these regulations when renting your property.
Arizona Security Deposit Laws
Arizona law limits security deposits to 1.5 times the monthly rent amount. Landlords must return deposits within 14 days after a tenant moves out, along with an itemized list of any deductions. Understanding these requirements helps avoid legal disputes with tenants over deposit returns.
Arizona Fair Housing Laws
These laws prohibit discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. As a landlord, you must ensure your tenant screening and rental practices comply with these anti-discrimination provisions to avoid potential legal liability.
Arizona Landlord Disclosure Requirements
Arizona law requires landlords to disclose certain information to tenants, including the identity of anyone authorized to manage the property and specific health/safety information like the presence of bedbugs or prior methamphetamine contamination. Failure to provide required disclosures can result in legal penalties.
Arizona Rental Property Registration Requirements
Many Arizona municipalities require rental properties to be registered with local authorities. For example, Phoenix requires an annual rental registration. Check with your specific city or county government to ensure compliance with local registration requirements.
Regional Variances
Major Metropolitan Areas
Phoenix has specific requirements for rental properties including a city privilege tax license. Landlords must register with the city and may be subject to inspections. The city also has stricter habitability requirements and specific rules about security deposit handling (must be returned within 14 days).
Tucson has a Rental Housing Code that requires landlords to register their rental properties with the city. The city conducts regular inspections and has specific requirements for smoke detectors and cooling systems. Tucson also has a Tenant Protection Ordinance that provides additional protections beyond state law.
Mesa requires landlords to have a business license for rental properties. The city has specific regulations regarding pool safety for rental properties with swimming pools, including barrier requirements that may be stricter than state standards.
College Towns
Home to Arizona State University, Tempe has specific ordinances addressing rental properties in neighborhoods near campus. These include stricter noise ordinances, occupancy limits, and parking restrictions. The city also has a 'nuisance party' ordinance that can hold landlords responsible for tenant behavior.
Flagstaff, home to Northern Arizona University, has unique rental regulations including stricter snow removal requirements for landlords. The city also has specific ordinances regarding short-term rentals and has implemented a 'three strikes' policy for properties with repeated code violations.
Border Communities
Yuma has specific requirements for landlords renting to seasonal agricultural workers, including minimum housing standards that exceed state requirements. The city also has specific water conservation requirements for rental properties.
Nogales has unique rental regulations related to its border location, including additional documentation requirements for foreign national tenants and specific security requirements for rental properties in certain zones near the border.
Tribal Lands
Rental properties on Navajo Nation lands are subject to tribal laws rather than Arizona state laws. Landlords must obtain approval from the Navajo Nation and follow tribal housing codes. Eviction procedures differ significantly from state law and may require tribal court proceedings.
This tribal land near Scottsdale has its own housing authority and rental regulations. Non-tribal members seeking to rent property here face additional restrictions and must obtain specific permits. Landlord-tenant disputes are handled through tribal courts rather than state courts.
Resort Communities
Scottsdale has enacted stricter regulations on short-term rentals, including registration requirements, emergency contact information, and noise monitoring. The city also has specific landscaping requirements for rental properties and stricter building codes in certain historic or designated areas.
Sedona has implemented strict short-term rental regulations to preserve neighborhood character. The city also has unique dark sky ordinances that affect exterior lighting on rental properties and specific requirements for waste management in environmentally sensitive areas.
Suggested Compliance Checklist
Research Arizona Landlord-Tenant Laws
1 days after startingFamiliarize yourself with the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 to 33-1381). This is essential to understand your rights and responsibilities as a landlord in Arizona. Pay special attention to security deposit limits, notice requirements, and tenant rights.
Obtain Necessary Licenses and Permits
7 days after startingCheck with your local municipality about rental property business license requirements. Many Arizona cities require landlords to obtain a business license or rental permit. Requirements vary by city - Phoenix, Tucson, and Scottsdale have different regulations. Contact your city's planning or development services department.
Draft Rental Property Business License Application
10 days after startingComplete the application for your rental property business license. Include all required information such as property address, owner information, and property details. Be prepared to pay applicable fees, which vary by municipality.
Prepare a Rental Application Form
14 days after startingCreate a comprehensive rental application to screen potential tenants. Under Arizona law, you can collect application fees, but they must be reasonable and actually used for screening purposes. Include sections for employment verification, rental history, references, and consent for background and credit checks.
Draft a Residential Lease Agreement
21 days after startingCreate a legally compliant Arizona lease agreement. Include all required disclosures, rent amount, lease term, security deposit details, maintenance responsibilities, and other terms. Arizona law has specific requirements about what can and cannot be included in a lease.
Prepare Lead-Based Paint Disclosure Form
21 days after startingFederal law requires this disclosure for properties built before 1978. Even if your property is newer, documenting this disclosure is a good practice. The form must include an EPA-approved pamphlet and any known information about lead-based paint in the dwelling.
Create a Move-In/Move-Out Inspection Checklist
21 days after startingDevelop a detailed checklist to document the condition of the property before move-in and after move-out. This is crucial for security deposit disputes. Arizona law requires landlords to provide an itemized list of damages when withholding any portion of a security deposit.
Draft Landlord's Rules and Regulations
21 days after startingCreate a document outlining house rules that aren't included in the lease. This may include quiet hours, guest policies, parking rules, etc. In Arizona, these rules must be reasonable and cannot contradict terms in the lease agreement or violate fair housing laws.
Prepare a Security Deposit Receipt
21 days after startingCreate a receipt for security deposits. Arizona law limits security deposits to 1.5 times the monthly rent (A.R.S. § 33-1321). The receipt should include the amount, date received, and a statement about when and how the deposit will be returned.
Create a Notice of Entry Form
21 days after startingPrepare a form to notify tenants when you need to enter the property. Arizona law requires at least two days' notice before entering a rental property except in emergencies (A.R.S. § 33-1343).
Register with Arizona Department of Revenue
30 days after startingIf required in your municipality, register with the Arizona Department of Revenue for transaction privilege tax (TPT). Some cities consider rental income subject to this tax. Check with your local tax authority to determine if this applies to your rental property.
Set Up Property Insurance
30 days after startingObtain landlord insurance coverage for your rental property. Standard homeowner's insurance doesn't cover rental activities. Ensure you have adequate liability coverage and property damage protection. Consider requiring tenants to obtain renter's insurance.
Comply with Arizona's Pool Safety Requirements
30 days after startingIf your rental property has a swimming pool, ensure it complies with Arizona's pool barrier laws (A.R.S. § 36-1681). Requirements include specific fencing heights, self-closing gates, and other safety measures. Non-compliance can result in significant liability.
Understand Fair Housing Requirements
30 days after startingFamiliarize yourself with both federal and Arizona fair housing laws. These prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. Arizona law also prohibits discrimination based on ancestry and may include additional protected classes in certain municipalities.
Establish Rent Collection Procedures
35 days after startingSet up a system for collecting rent. Arizona law doesn't specify required payment methods, so you can determine acceptable payment options. Document your late fee policy, ensuring it complies with Arizona law (fees must be reasonable and specified in the lease).
Task | Description | Document | Days after starting |
---|---|---|---|
Research Arizona Landlord-Tenant Laws | Familiarize yourself with the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 to 33-1381). This is essential to understand your rights and responsibilities as a landlord in Arizona. Pay special attention to security deposit limits, notice requirements, and tenant rights. | - | 1 |
Obtain Necessary Licenses and Permits | Check with your local municipality about rental property business license requirements. Many Arizona cities require landlords to obtain a business license or rental permit. Requirements vary by city - Phoenix, Tucson, and Scottsdale have different regulations. Contact your city's planning or development services department. | - | 7 |
Draft Rental Property Business License Application | Complete the application for your rental property business license. Include all required information such as property address, owner information, and property details. Be prepared to pay applicable fees, which vary by municipality. | Rental Property Business License | 10 |
Prepare a Rental Application Form | Create a comprehensive rental application to screen potential tenants. Under Arizona law, you can collect application fees, but they must be reasonable and actually used for screening purposes. Include sections for employment verification, rental history, references, and consent for background and credit checks. | Rental Application Form | 14 |
Draft a Residential Lease Agreement | Create a legally compliant Arizona lease agreement. Include all required disclosures, rent amount, lease term, security deposit details, maintenance responsibilities, and other terms. Arizona law has specific requirements about what can and cannot be included in a lease. | Residential Lease Agreement | 21 |
Prepare Lead-Based Paint Disclosure Form | Federal law requires this disclosure for properties built before 1978. Even if your property is newer, documenting this disclosure is a good practice. The form must include an EPA-approved pamphlet and any known information about lead-based paint in the dwelling. | Lead-Based Paint Disclosure Form | 21 |
Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist to document the condition of the property before move-in and after move-out. This is crucial for security deposit disputes. Arizona law requires landlords to provide an itemized list of damages when withholding any portion of a security deposit. | Move-In/Move-Out Inspection Checklist | 21 |
Draft Landlord's Rules and Regulations | Create a document outlining house rules that aren't included in the lease. This may include quiet hours, guest policies, parking rules, etc. In Arizona, these rules must be reasonable and cannot contradict terms in the lease agreement or violate fair housing laws. | Landlord's Rules and Regulations | 21 |
Prepare a Security Deposit Receipt | Create a receipt for security deposits. Arizona law limits security deposits to 1.5 times the monthly rent (A.R.S. § 33-1321). The receipt should include the amount, date received, and a statement about when and how the deposit will be returned. | Security Deposit Receipt | 21 |
Create a Notice of Entry Form | Prepare a form to notify tenants when you need to enter the property. Arizona law requires at least two days' notice before entering a rental property except in emergencies (A.R.S. § 33-1343). | Notice of Entry Form | 21 |
Register with Arizona Department of Revenue | If required in your municipality, register with the Arizona Department of Revenue for transaction privilege tax (TPT). Some cities consider rental income subject to this tax. Check with your local tax authority to determine if this applies to your rental property. | - | 30 |
Set Up Property Insurance | Obtain landlord insurance coverage for your rental property. Standard homeowner's insurance doesn't cover rental activities. Ensure you have adequate liability coverage and property damage protection. Consider requiring tenants to obtain renter's insurance. | - | 30 |
Comply with Arizona's Pool Safety Requirements | If your rental property has a swimming pool, ensure it complies with Arizona's pool barrier laws (A.R.S. § 36-1681). Requirements include specific fencing heights, self-closing gates, and other safety measures. Non-compliance can result in significant liability. | - | 30 |
Understand Fair Housing Requirements | Familiarize yourself with both federal and Arizona fair housing laws. These prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. Arizona law also prohibits discrimination based on ancestry and may include additional protected classes in certain municipalities. | - | 30 |
Establish Rent Collection Procedures | Set up a system for collecting rent. Arizona law doesn't specify required payment methods, so you can determine acceptable payment options. Document your late fee policy, ensuring it complies with Arizona law (fees must be reasonable and specified in the lease). | - | 35 |
Frequently Asked Questions
In Arizona, landlords must ensure their rental property meets basic habitability standards, including functioning plumbing, heating, electrical systems, and compliance with building codes. You must also provide a disclosure of the Arizona Residential Landlord and Tenant Act to tenants, disclose any known lead-based paint (for properties built before 1978), and register your rental property with the county assessor's office. Additionally, you'll need adequate insurance coverage for a rental property, which differs from standard homeowner's insurance.
Arizona law limits security deposits to no more than one and one-half month's rent. This includes any prepaid rent or fees that are not specifically designated for actual services rendered. You must provide a written receipt for the security deposit and return it within 14 days after the tenant moves out, along with an itemized list of any deductions. Failure to comply with these requirements could result in the tenant being awarded damages up to twice the amount wrongfully withheld.
In Arizona, landlords must provide at least two days' notice before entering a rental property, and entry is only permitted at reasonable times. Exceptions exist for emergencies, property abandonment, or court orders. The notice should be written and specify the date, approximate time, and purpose of entry. While tenant consent can waive these requirements, it's best practice to always provide proper notice to maintain good landlord-tenant relations and avoid legal disputes.
When screening tenants in Arizona, you can check credit history, verify income and employment, contact previous landlords, and run criminal background checks with the applicant's written consent. You must apply the same screening criteria to all applicants to avoid discrimination claims. Arizona follows federal Fair Housing laws, prohibiting discrimination based on race, color, national origin, religion, sex, familial status, or disability. You can charge a reasonable application fee to cover screening costs, but this should be disclosed upfront.
Arizona eviction procedures require specific steps: (1) Serve a proper notice (5-day notice for non-payment of rent, 10-day notice for lease violations, or 30-day notice for month-to-month tenancies); (2) File an eviction action if the tenant doesn't comply; (3) Attend the court hearing; (4) If you win, obtain a Writ of Restitution; (5) Have the Writ enforced by law enforcement. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Arizona and can result in penalties. The entire legal eviction process typically takes 3-6 weeks.
Yes, Arizona law requires rental property owners to register their property with the county assessor's office in the county where the property is located. This registration includes providing your name, address, contact information, and the property's address. Additionally, if your property is in certain municipalities, you may need to obtain a business license or rental permit. For example, Phoenix, Tucson, and some other cities have their own rental registration requirements. Failure to register can result in penalties, including fines.
As an Arizona landlord, you're legally required to maintain the property in a habitable condition, including: maintaining electrical, plumbing, heating, and air conditioning systems; providing reasonable amounts of hot water; keeping common areas clean and safe; providing appropriate trash receptacles; and ensuring the structural components of the building are safe. You must also comply with applicable building and housing codes. If you fail to make necessary repairs after proper notice from the tenant, they may have legal remedies including repair-and-deduct, rent withholding, or lease termination, depending on the circumstances.
Yes, as an Arizona landlord, you can generally prohibit pets in your rental property, with some important exceptions. You cannot prohibit service animals or emotional support animals that are needed by tenants with disabilities under the Fair Housing Act. These animals are not considered pets but rather accommodations for disabilities. If you do allow pets, you can charge a pet deposit or pet rent, but service animals and emotional support animals are exempt from these fees. Make sure your lease clearly states your pet policy, including any restrictions on size, breed, or number of pets allowed.
A comprehensive Arizona lease agreement should include: names of all tenants and occupants; property address and description; lease term (start and end dates); rent amount, due date, and payment methods; security deposit amount and conditions; maintenance responsibilities; utilities responsibilities; pet policies; rules regarding alterations to the property; entry notice requirements; prohibited activities; and grounds for termination. The lease should also include disclosures required by Arizona law, such as information about the Arizona Residential Landlord and Tenant Act and lead-based paint disclosures for pre-1978 properties. Consider having an attorney review your lease to ensure compliance with all Arizona laws.
Arizona does not have statewide rent control laws, so landlords can generally increase rent by any amount when a lease term ends. However, you must provide proper notice before implementing a rent increase: at least 30 days' written notice for month-to-month tenancies. For fixed-term leases, rent cannot be increased until the lease term ends, unless the lease specifically allows for it. While there are no caps on rent increases, be aware that excessive increases could potentially be challenged as retaliatory if they follow a tenant exercising legal rights, such as requesting repairs or reporting code violations.