Arizona Landlord-Tenant Law

This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.

Underlying purposes and policies of this chapter are: 1. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant. 2. To encourage landlord and tenant to maintain and improve the quality of housing.

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.

This chapter shall apply to the rental of dwelling units. Any conflict between the provisions of chapter 3 and chapter 7 of this title with the provisions of this chapter shall be governed by the provisions of this chapter.

A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. B. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter: 1. Residence at an institution if incidental to detention or provision of medical, educational, counseling, or religious services or a social service program. 2. Occupancy under a contract of sale if the occupant is the purchaser. 3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. 4. Transient occupancy in a hotel, motel or recreational lodging. 5. Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment. 6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative. 7. Occupancy in or operation of public housing under title 36 chapter 12 or federal law.

Key definitions include: 'Dwelling unit' means a structure used as a home or residence by one or more persons who maintain a household. 'Good faith' means honesty in fact in the conduct concerned. 'Landlord' means the owner, lessor or sublessor of the dwelling unit or the building, and also a manager who fails to disclose as required by section 33-1322. 'Premises' means a dwelling unit and the structure of which it is a part, including facilities, grounds, and areas held out for tenants generally. 'Rent' means payments to be made to the landlord in full consideration for the rented premises. 'Rental agreement' means all agreements, written, oral or implied by law, embodying the terms and conditions concerning use and occupancy. 'Security' means money or property given to assure payment or performance under a rental agreement; does not include a reasonable charge for redecorating or cleaning. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

A. If the court finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of any unconscionable provision. B. If unconscionability is put into issue, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement.

A. A person has notice of a fact if they have actual knowledge, received notification, or from all facts and circumstances had reason to know it exists. B. Landlord receives notice when delivered in hand or mailed by registered or certified mail to the place of business through which the rental agreement was made. Tenant receives notice when delivered in hand or mailed by registered or certified mail to the place held out for receipt. Notice by certified mail is deemed received on the date actually received or five days after mailing, whichever is first. C. Notice to an organization is effective when brought to the attention of the individual conducting the transaction.

A. Landlord and tenant may include in a rental agreement any terms not prohibited by this chapter. B. In the absence of a rental agreement, rent is the fair rental value. C. Rent is payable without demand at the time and place agreed. Unless otherwise agreed, periodic rent is payable at the beginning of each month. D. Unless the rental agreement fixes a definite term, the tenancy is week-to-week for roomers paying weekly rent, and month-to-month in all other cases. E. If a municipality changes its transaction privilege tax on residential rent, landlord may adjust rent on 30 days' written notice. F. Landlord may request contact information for a person authorized to enter the unit to retrieve the tenant's property or animal if the tenant dies or is incapacitated. G. Authorized person must present valid government-issued ID and has 20 days to remove items and return keys. H. These subsections apply to personal property if rent is unpaid for at least 5 days, and to the tenant's animal if the tenant is deceased or incapacitated.

A. A landlord may charge separately for gas, water, wastewater, solid waste removal or electricity by installing a submetering system or by allocating charges through a ratio utility billing system. B. Landlord may recover utility charges plus an administrative fee for actual administrative costs only; no additional charges. The rental agreement shall disclose utility services charged separately and the amount of any administrative fee. C. Landlord may impose a submetering or ratio utility billing system during the term with proper notice. D. If landlord is not in compliance, tenant shall first object in writing; if unresolved, tenant may file in justice court. E. Bills must separately state charges, opening and closing meter readings, and dates of readings, and show the amount of any administrative fee. F. Ratio utility billing allocation methods include: per tenant, by livable square footage, per type of unit, per number of water fixtures, by submetered hot water usage, or any other fair method described in the rental agreement. G. Rental agreement must describe the ratio utility billing method used; for existing tenancies, landlord must give at least 90 days' notice before beginning submetering or ratio utility billing.

A. A rental agreement shall not provide that the tenant: 1. Waives or foregoes rights or remedies under this chapter. 2. Agrees to pay the landlord's attorney fees except as allowed by law. 3. Agrees to exculpate or limit the landlord's liability arising under law or indemnify the landlord. 4. Waives or limits the tenant's right to summon a peace officer or other emergency assistance. 5. Agrees to payment of monetary penalties for summoning a peace officer or emergency assistance. B. A prohibited provision included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing known prohibited provisions, the tenant may recover actual damages and up to two months' periodic rent. C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with section 33-1324, subsection A.

A. A person who knowingly refuses to rent to another person because they have a child or children, or who advertises a restriction against children, is guilty of a petty offense. B. No person shall rent property in violation of a valid restrictive covenant against sale to persons with children. C. No person shall rent to persons with children when the property meets the definition of housing for older persons under section 41-1491.04. D. A person who knowingly rents in violation of subsections B or C is guilty of a petty offense. E. A person whose rights under this section have been violated may bring a civil action for: injunctive or declaratory relief; actual damages; a civil penalty of three times monthly rent if intentional; and court costs and reasonable attorney fees. F. An occupancy limitation of two persons per bedroom is presumed reasonable statewide. G. Subsection B applies only to dwellings occupied by no more than four families where the owner occupies one unit.

A. A tenant who is a victim of domestic violence or sexual assault may terminate a rental agreement by providing written notice and either a copy of a protective order or a copy of a written departmental report from a law enforcement agency. The requested release date must be within the next 30 days. B. Landlord may request the name and address of the person named in the protective order or report. C. The triggering events must have occurred within 30 days preceding the written notice, unless waived by landlord. D. Tenant is liable only for rent through the termination date; landlord may retain prepaid rent for that month. Security deposit may not be withheld for early termination but may be withheld for damages under section 33-1341. E. Tenant may require landlord to install a new lock at the tenant's expense; landlord may rekey or replace the mechanism. F. Landlord may retain a copy of the new key and may refuse to provide a key to the person named in the protective order or report. G. Landlord shall refuse to provide access to reclaim property to the person named in a served protective order unless accompanied by a law enforcement officer. H. A tenant who falsely files a report to obtain early termination is liable to the landlord for treble damages. I. The person named in the protective order or report may be civilly liable for all economic losses incurred by the landlord. J. All tenants on the rental agreement may be released; remaining tenants may enter a new lease if they meet current application requirements. K. An emergency or protective order automatically applies to the entire rental property. L. This section does not limit the landlord's right to terminate for actions unrelated to the domestic violence or sexual assault. M. A landlord acting in good faith pursuant to this section is not liable.

A. A law enforcement officer may terminate a rental agreement in the same manner as section 33-1318 by providing written notice and a copy of an injunction against harassment issued within the 30 days preceding notice, unless waived by the landlord. B. Any lease concession or benefit actually received or used must be repaid to the landlord before vacating. C. All other rights, remedies and obligations of section 33-1318 apply. D. 'Law enforcement officer' has the same meaning as section 38-1101.

A. Landlord obligations: (1) Provide bedbug educational materials to existing and new tenants. (2) Not enter into a lease for a dwelling unit the landlord knows to have a current bedbug infestation. B. Tenant obligations: (1) Not knowingly move materials into a dwelling unit that are infested with bedbugs. (2) Provide written or electronic notification to the landlord of known bedbug presence. C. This section does not limit other rights, remedies and obligations. D. Single family residence landlord and tenant are excluded from this section. E. This section does not create a cause of action against a landlord or tenant for damages caused by bedbugs except as specifically provided. F. 'Bedbugs' means any insect in the genus cimex and its eggs. 'Infestation' means presence sufficient to materially affect the health and safety of tenants and their guests.

A. A landlord shall not demand or receive security, including prepaid rent, in an amount of more than one and one-half month's rent. A tenant may voluntarily pay more. B. The purpose of all nonrefundable fees or deposits shall be stated in writing. Any fee or deposit not designated as nonrefundable is refundable. C. On move-in, landlord shall furnish tenant with a signed copy of the lease, a move-in form for existing damages, and written notice that the tenant may be present at move-out inspection. D. Within 14 days (excluding weekends and holidays) after termination and delivery of possession and demand by the tenant, the landlord shall provide an itemized list of deductions and any amount due. The landlord shall mail the list and any amount due to the tenant's last known place of residence. If the tenant does not dispute deductions within 60 days, the itemized amount is deemed valid and final. E. If the landlord fails to comply with subsection D, the tenant may recover the property and money due plus damages equal to twice the amount wrongfully withheld. F. This section does not preclude recovery of other damages. G. Refundable deposits shall be refunded to the tenant at end of tenancy. H. The holder of the landlord's interest at the time of termination is bound by this section.

A. Landlord shall disclose in writing at or before commencement of tenancy the name and address of: (1) the person authorized to manage the premises; and (2) an owner of the premises or person authorized to act on behalf of the owner for service of process and receiving notices. B. At or before commencement, landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona Department of Housing's website. C. The information shall be kept current and refurnished upon tenant's request; extends to successor landlords, owners or managers. D. A person who fails to comply becomes an agent of each landlord for purposes of: service of process and receiving notices; and performing the obligations of the landlord and expending all rent collected from the premises. E. If there is a written rental agreement, the landlord must tender and deliver a signed copy to the tenant, and the tenant must sign and deliver a fully executed copy to the landlord within a reasonable time. All blank spaces in the written agreement must be completed. Noncompliance is a material noncompliance by the landlord or tenant.

At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1375, subsection C.

A. The landlord shall: 1. Comply with applicable building codes materially affecting health and safety. 2. Make all repairs necessary to keep the premises fit and habitable. 3. Keep all common areas clean and safe. 4. Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. 5. Provide and maintain appropriate receptacles for removal of ashes, garbage, rubbish and other waste and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, and reasonable heat and air-conditioning when required by seasonal conditions, unless the building is not required by law to be equipped for that purpose or utilities are within the exclusive control of the tenant via a direct public utility connection. B. If the duty under subsection A, paragraph 1 is greater than any other paragraph, the landlord's duty is determined by reference to that paragraph. C. Landlord and tenant of a single family residence may agree in writing for the tenant to perform duties under subsection A paragraphs 5 and 6, and specified repairs, if the agreement is in good faith and not for the purpose of evading landlord obligations, and the work is not needed to cure noncompliance with paragraphs 1 and 2. D. Landlord and tenant of any other dwelling unit may agree that the tenant perform specified repairs only if: (1) the agreement is entered in good faith and set forth in a separate writing supported by adequate consideration; (2) the work is not necessary to cure noncompliance with paragraphs 1 and 2; and (3) the agreement does not diminish the landlord's obligations to other tenants.

A. Unless otherwise agreed, a landlord who conveys premises in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable for any property and money owed to the tenant under section 33-1321. B. Unless otherwise agreed, a manager of premises is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of management.

A. The state legislature determines that the imposition of rent control on private residential housing units is of statewide concern. The power to control rents on private residential property is preempted by the state. Cities, including charter cities, or towns shall not have the power to control rents. B. Subsection A shall not apply to residential property owned, financed, insured or subsidized by any state agency or by any city, including charter city, or town.

On the sale or other transfer of an apartment community, the landlord shall deliver to the buyer all available plans, drawings and records pertaining to underground facilities, all plans, drawings, surveys and plats, all records pertaining to tenant security deposits, and complete files for each tenant containing rental agreements and all other required documents. A landlord who fails to deliver reasonably accurate installation records of active, inactive and abandoned underground facilities installed after December 31, 2006 is liable for all damages proximately caused by the failure, including all expenses incurred by successor landlords to create such records.

A. If a rental agreement is entered into after a foreclosure action was initiated, the owner shall include written notice of possible foreclosure with the rental agreement. B. If the owner receives a notice of trustee's sale or other notice of foreclosure after a tenant has entered into a rental agreement, the owner shall provide the tenant with written notice within five business days after receipt of the notice. This subsection applies only to the first such notice. C. If the owner fails to provide notice, the tenant may deliver a written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief; the security deposit shall be returned. D. This section shall not apply to multifamily residential rental units consisting of four or more connected units.

The tenant shall: 1. Comply with applicable building code obligations primarily imposed upon tenants affecting health and safety. 2. Keep that part of the premises occupied and used as clean and safe as the condition permits. 3. Dispose from the dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner. 4. Keep all plumbing fixtures as clean as their condition permits. 5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances. 6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. 7. Conduct themselves and require others on the premises with consent to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment. 8. Promptly notify the landlord in writing of any situation requiring landlord to provide maintenance, make repairs, or take action as prescribed in section 33-1324.

A. A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. Such rules are enforceable against the tenant only if: (1) their purpose is to promote convenience, safety or welfare of tenants, preserve the landlord's property, or make a fair distribution of services; (2) they are reasonably related to the purpose for which adopted; (3) they apply to all tenants fairly; (4) they are sufficiently explicit to fairly inform the tenant of what they must or must not do; (5) they are not for the purpose of evading the landlord's obligations; and (6) the tenant has notice of them at the time of entering the rental agreement. B. A rule adopted after the tenant enters into the rental agreement is enforceable if the tenant is given 30 days' notice of its adoption and it does not constitute a substantial modification of the rental agreement. C. If state, county, municipal or other governmental bodies adopt new ordinances or rules affecting existing rental agreements, the landlord may make immediate amendments to bring them into compliance and shall give the tenant written notice describing the amendment and its effective date.

A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit to inspect, make repairs, supply services, or exhibit the unit to prospective purchasers, mortgagees, tenants, workmen or contractors. B. If the tenant notifies the landlord of a service or maintenance request, that notice constitutes permission to enter for the sole purpose of acting on the request; the tenant waives any separate or additional access notice required by subsection D. C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable, the landlord shall give the tenant at least two days' notice of intent to enter and enter only at reasonable times. E. The landlord has no other right of access except by court order, as permitted by sections 33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.

Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.

A. If there is a material noncompliance by the landlord with the rental agreement, the tenant may deliver a written notice specifying the breach and that the rental agreement will terminate not less than 10 days after receipt if the breach is not remedied in 10 days. If the noncompliance with section 33-1324 materially affects health and safety, the tenant may deliver written notice that the rental agreement will terminate not less than 5 days after receipt if not remedied in 5 days. The rental agreement will not terminate if the landlord adequately remedies the breach before the termination date. The tenant may not terminate for a condition caused by the deliberate or negligent act of the tenant. B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord. C. The remedy in subsection B is in addition to any right arising under subsection A. D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.

A. If the landlord fails to deliver physical possession, rent abates until possession is delivered and the tenant may: (1) upon at least 5 days' written notice to the landlord terminate the rental agreement, whereupon the landlord shall return all prepaid rent and security; or (2) demand performance and maintain an action for possession against the landlord and recover damages sustained. B. If the landlord fails to deliver constructive possession because of noncompliance with section 33-1324, rent shall not abate; tenant may proceed under section 33-1361. C. If a person's failure to deliver possession is willful and not in good faith, the aggrieved person may recover an amount not more than two months' periodic rent or twice the actual damages, whichever is greater.

A. If the landlord fails to comply with section 33-1324 and the reasonable cost of compliance is less than $300 or one-half of the monthly rent (whichever is greater), the tenant may notify the landlord in writing of intent to correct the condition at the landlord's expense. After being notified, if the landlord fails to comply within 10 days or promptly thereafter in an emergency, the tenant may cause the work to be done by a licensed contractor and deduct from rent the actual and reasonable cost, not exceeding the applicable amount. B. Tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act of the tenant or a member of the tenant's family or guests, or if the condition does not constitute a breach of the fit and habitable condition of the premises.

A. If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently fails to supply running water, gas or electrical service, hot water, heat, air-conditioning or cooling, or essential services, the tenant may give reasonable notice and do one of the following: (1) Procure reasonable amounts of the missing services and deduct their actual reasonable cost from the rent, including paying the landlord's overdue utility bill and deducting from rent. (2) Recover damages based upon the diminution in fair rental value. (3) Procure reasonable substitute housing during noncompliance and be excused from paying rent; if substitute housing exceeds rent, tenant may recover up to 25% of excused rent. B. Landlord shall provide all utilities and services specified in the lease. C. Landlord shall not terminate utility services except as necessary for needed repairs or as provided in section 33-1368; may not transfer utility payment responsibility to tenant without written consent. D. If landlord violates subsection C, tenant may recover damages, costs, reasonable attorney fees and injunctive relief. E. A lease shall not contain terms contrary to this section. F. If noncompliance is deliberate, tenant may recover the actual and reasonable cost or fair value of substitute housing not to exceed the periodic rent. G. If the tenant proceeds under this section, the tenant may not also proceed under section 33-1361 or 33-1363 as to that breach, except for damages that occur prior to proceeding. H. Rights do not arise until the tenant has given notice to the landlord; rights do not include the right to repair; rights do not arise if the condition was caused by the tenant.

A. In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, if the landlord is not in compliance with the rental agreement or this chapter, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. After notice and hearing, the court may order the tenant to pay undisputed rent into court and shall determine the amount due to each party. If no rent remains due or if the tenant acted in good faith and satisfies a judgment for rent, judgment shall be entered for the tenant in the action for possession. B. In an action for rent where the tenant is not in possession, the tenant may counterclaim but is not required to pay any rent into court.

A. If the dwelling unit is damaged or destroyed by fire or casualty to an extent that enjoyment is substantially impaired, the tenant may: (1) immediately vacate and notify the landlord in writing within 14 days of intention to terminate the rental agreement, whereupon the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part rendered unusable, and the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value. B. If the rental agreement is terminated, the landlord shall return all security recoverable under section 33-1321. Accounting for rent occurs as of the date the tenant vacates all or part of the dwelling unit.

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting electric, gas, water or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable under section 33-1321.

A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice specifying the breach and that the rental agreement will terminate not less than 10 days after receipt if not remedied in 10 days. For noncompliance with section 33-1341 materially affecting health and safety, notice is not less than 5 days. If there is an additional act of similar noncompliance during the lease after a previous remedy, the landlord may institute a special detainer action 10 days after a second written notice. If there is a material and irreparable breach on the premises (including illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, controlled substance activity, threatening or intimidating, assault, or acts constituting a nuisance), the landlord may deliver a written notice for immediate termination. B. If rent is unpaid when due and the tenant fails to pay within 5 days after written notice of nonpayment and landlord's intention to terminate, the landlord may terminate by filing a special detainer action. Before filing, the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee. After a special detainer is filed, reinstatement requires payment of all past due rent, late fees, attorney fees and court costs. After judgment is entered, any reinstatement is solely at the landlord's discretion. C. Landlord may recover all reasonable damages, court costs and reasonable attorney fees. D. Landlord may discontinue utility services the day following execution of a writ of restitution. E. On the day following execution of a writ of restitution, landlord shall comply with section 33-1370 regarding tenant's personal property. F. Tenant shall be held responsible for the actions of guests that violate the lease or rules if the tenant could reasonably have been expected to be aware and did not attempt to prevent those actions. G. 'Days' means calendar days.

If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement or cleaning, and the tenant fails to comply within 14 days after written notice by the landlord specifying the breach and requesting remedy, or as promptly as conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost as rent on the next rent due date, or if the rental agreement has terminated, for immediate payment.

A. If a dwelling unit is abandoned, the landlord shall send the tenant a notice of abandonment by certified mail to the tenant's last known address and any alternate addresses, and post a notice on the door for 5 days. B. Five days after the notice has been both posted and mailed, the landlord may retake the dwelling unit and re-rent it at a fair rental value if no personal property remains. Security deposit is forfeited and applied to accrued rent and reasonable costs. C. Landlord shall make reasonable efforts to re-rent at a fair rental. If the landlord accepts the abandonment as a surrender, the rental agreement is terminated as of the date the landlord has notice of abandonment. D. Landlord shall prepare an inventory and notify the tenant of the location and cost of storage of personal property remaining in the unit. E. Landlord may store personal property in the abandoned unit, another unit, or storage space. Landlord is not required to store perishables, plants, or animals. Animals may be removed to a shelter or boarding facility. F. Landlord shall hold personal property for 14 calendar days after retaking possession. If unclaimed, landlord may donate to charity or sell the property, retaining proceeds toward outstanding rent and costs; excess proceeds mailed to tenant. Tenant may access clothing and professional tools and any identification or financial documents at any time. Landlord may destroy property of value so low that moving, storage and sale costs exceed likely proceeds. G. For 12 months after sale, landlord shall keep records of unpaid rent and the sale. H. If tenant notifies landlord in writing before sale that tenant intends to remove property, tenant has 5 days to reclaim it by paying storage and removal costs. Landlord must surrender possession within 5 days of tender. I. If tenant returns keys and personal property remains, landlord may immediately remove and dispose of personal property without liability. J. 'Abandonment' means: (1) tenant absent without notice for at least 7 days, rent outstanding and unpaid for 10 days, and no reasonable evidence of occupancy; or (2) tenant absent for at least 5 days, rent outstanding and unpaid for 5 days, and no personal property in the unit.

A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance is due. B. For the purposes of this section, a landlord's acceptance of a housing assistance payment does not constitute acceptance of a partial payment or a waiver of the right to terminate for any breach by the tenant. C. Except as specified in subsections A and B, acceptance of rent with knowledge of a default or acceptance of performance that varied from the rental agreement constitutes a waiver of the right to terminate for that breach.

A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter. B. Distraint for rent is abolished.

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his possessions, willful diminution of services to the tenant by interrupting electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender or as permitted in this chapter.

A. The landlord or tenant may terminate a week-to-week tenancy by written notice given at least 10 days prior to the termination date specified in the notice. B. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least 30 days prior to the periodic rental date specified in the notice. C. If the tenant remains in possession without the landlord's consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount equal to not more than two months' periodic rent or twice the actual damages, whichever is greater. If the landlord consents in writing to continued occupancy, section 33-1314, subsection D applies.

A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages. B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent recurrence or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent.

A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. The procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply. B. The summons shall be issued on the day the complaint is filed and shall command the person to appear not more than 6 nor less than 3 days from the date of the summons. Tenant is deemed to have received the summons 3 days after mailing if: within one day of issuance a copy is conspicuously posted on the main entrance of the tenant's residence, and on the same day the summons is sent by certified mail to the tenant's last known address. Service must be made at least 2 days before the return day. C. For good cause supported by affidavit, the trial may be postponed not more than 3 days in justice court or 5 days in superior court. D. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs. E. For a material and irreparable breach, the trial shall be set no later than the third day following filing of the complaint. If the court finds the irreparable breach occurred by a preponderance of the evidence, the court shall order restitution not less than 12 nor more than 24 hours later. F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, late charges stated in the rental agreement, costs, and at the plaintiff's option, all rent found to be due and unpaid, and shall grant a writ of restitution. G. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for costs; if the plaintiff has acquired possession since commencement of the action, a writ of restitution shall issue in favor of the defendant.

A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and their presence does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises.

A. In any action for eviction pursuant to section 33-1368 or 33-1377 or a forcible entry and detainer action, if the court enters an order dismissing the action prior to judgment or enters judgment in favor of the tenant, the court shall issue an order sealing all records related to the case. B. The court shall also order sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the court file. C. If the records are sealed, the tenant's case records shall only be available to: the person whose records are sealed and any party or attorney who has appeared in the case; the court (but may not be sold or released to a third party as part of a bulk records transfer); and the clerk or records department (but may not be sold or released to a third party as part of a bulk records transfer). D. This section applies to all records related to an action for summary eviction, forcible entry and detainer, or special detainer that are maintained by the court, including the complaint, pleadings, proof of service, findings and orders, and all other papers, records, proceedings and evidence.

A. Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after: (1) the tenant has complained to a governmental agency about a building or housing code violation materially affecting health and safety; (2) the tenant has complained to the landlord of a violation under section 33-1324; (3) the tenant has organized or become a member of a tenants' union; or (4) the tenant has complained to a governmental agency about the wage-price stabilization act. B. If the landlord acts in violation of subsection A, the tenant is entitled to the remedies in section 33-1367 and has a defense in any action for possession. Evidence of a complaint within 6 months prior to the alleged retaliation creates a presumption of retaliation. The presumption does not arise if the tenant made the complaint after notice of termination. C. Notwithstanding subsections A and B, a landlord may bring an action for possession if: (1) the building or housing code violation was caused primarily by lack of reasonable care by the tenant or household member; or (2) the tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1361, subsection B.

In this article: 1. 'Managing agent' means a person, corporation, partnership or LLC authorized by the owner to operate and manage the property. 2. 'Residential rental property' means property used solely as leased or rented property for residential purposes. 3. 'Slum property' means residential rental property that has deteriorated or is in disrepair and manifests one or more of the following conditions that are a danger to health or safety: structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings; lack of potable water, adequate sanitation, adequate water or waste pipe connections; hazardous electrical systems or gas connections; lack of safe, rapid egress; accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.

A. An owner of residential rental property shall maintain with the county assessor: the owner's name, address and telephone number; for entities, the name and contact of a corporate officer, general partner, managing member, trustee, or general partner of a real estate investment trust; the property's street address and parcel number; and the year the building was built. Information must be updated within 10 days of any change. B. An owner living outside Arizona shall designate and record with the assessor a statutory agent living in Arizona who will accept legal service on behalf of the owner. C. Residential rental property shall not be occupied if required information is not on file with the county assessor. If the property is occupied and the owner has not filed, the tenant may deliver a 10-day written notice to comply by certified mail or hand delivery. If the owner does not comply within 10 days, the tenant may terminate the rental agreement and the landlord shall return all prepaid rent and return the security deposit per section 33-1321(D). D. All records, files and documents required by this section are public records. E. A civil penalty of $1,000 plus $100 per month shall be assessed for failure to comply after acquiring the property; no suspension of penalty. F. If the person complies within 10 days after receiving the complaint, the court shall dismiss the complaint and impose no penalty. G. For existing properties, failure to register may result in a civil penalty of $150 per day after the date of the most recent notice of assessed valuation; compliance within 10 days after receiving notice from the assessor results in dismissal. H. The county assessor has immunity under section 12-820.01. I. The assessor may charge a fee of not more than $10 for each initial registration and each change. J. On request, the county assessor shall provide the city or town with the current list of registered rental property owners within its boundaries.

A. This state or a city, town or county may apply to the superior court for appointment of a temporary receiver to manage a property designated as slum property. B. If the court determines appointment is necessary, it may order a temporary receiver for as long as necessary, but not more than one year. C. A temporary receiver must be a licensed real estate property management specialist or an attorney specializing in real estate law, and shall swear to faithfully discharge duties. The court may require a bond. D. The court shall determine the management duties, compensation, payment method and periods. E. The temporary receiver continues to manage the property during any appeal or until relieved by the court. F. The temporary receiver may: take control of the property; pay the mortgage from property income; collect rents; make necessary repairs; pay utilities; purchase materials; renew, terminate or modify existing rental contracts; enter into new leases; renew or terminate insurance; hire security or other personnel; prosecute or defend suits; and exercise all other authority an owner would have except the authority to sell. G. Expenditures exceeding $10,000 require court and responsible party approval. H. Costs shall be paid first from available property income, then by the party who requested the receiver. I. On recording with the county recorder, a lien is created in favor of the party paying receiver costs; the lien is prior to all other liens except prior recorded mortgages, restitution liens, child support liens and general tax liens. J. On completion, the receiver shall file a full accounting with the court. K. The court may terminate the temporary receivership when it is no longer warranted. L. The receivership shall terminate after all violations have been cured.

A. A city, town, county or the state may inspect residential rental property if: (1) the owner fails to comply with section 33-1902 — property is subject to immediate inspection until compliance; (2) the property has been designated as slum property — the government may annually inspect for three consecutive years. B. The property owner is responsible for the costs of an inspection conducted under this section. C. On recording a penalty or inspection cost with the county recorder, the amount is deemed an assessment prior to all other liens except liens under title 12 chapter 7 article 12, prior recorded mortgages, restitution liens, child support liens and general tax liens. D. This section shall not affect any other statute or ordinance pertaining to property inspection.

A. A governmental agency that may designate a residential rental property as a slum property shall establish procedures by which the owner may file an administrative appeal contesting the designation. B. The decision at the hearing on the administrative appeal is the final administrative decision. C. A party may appeal the administrative decision pursuant to title 12, chapter 7, article 6.

A city or town may require a residential rental property owner whose property has been designated as a slum or exhibits criteria under section 9-1303 to hire a licensed property management firm, participate in the city or town's crime free multihousing program if applicable, and attend city or town approved landlord tenant training classes. The city or town may also require the owner to participate in comparable training provided by a certified nonprofit corporation. This shall not apply to mobile home parks in compliance with section 33-1437.

Key definitions: 'Building code' means construction codes in force at time of building construction, including plumbing, mechanical, electric, residential, energy, and existing building codes, and property maintenance codes. 'Citywide residential rental property inspection program' means any program including systematic or periodic inspections of a majority of rental properties that have not previously been found to meet requirements of section 9-1302. 'Exterior inspection' means visual inspection visible from a public street, right-of-way, or adjacent property with complaint or consent. 'Interior inspection' means physical or visual inspection of the interior. 'Residential rental dwelling unit' means a dwelling unit leased or rented to one or more tenants; does not include an owner-occupied mobile home in a park not owned by the landlord.

A. A city or town may conduct interior inspections of individual residential rental properties if an exterior inspection reveals or the property is found to have: conditions materially affecting health and safety per section 9-1303; a significant level of crime; a documented history of code violations; repeated owner failure to comply with code enforcement; probable cause of non-compliance with building code; or a complaint or consent from the owner, agent, resident or tenant. B. If the city or town determines an interior inspection is necessary and the property is vacant, the city or town may require an additional inspection before new occupancy is permitted. C. Before entry the city or town must receive consent of the owner of record or a lawful tenant, or obtain a warrant. D. This section does not limit the authority of a city or town to: perform an exterior inspection at any time; perform an interior inspection on receipt of complaint or consent; perform inspections of new construction before issuance of a certificate of occupancy; perform inspections of illegal construction without a required permit; or perform interior or exterior inspections during an emergency or natural disaster.

Conditions that materially affect the health and safety of occupants of a residential rental dwelling unit include: (1) Inadequate sanitation, ventilation or space, including lack of water closets, kitchen sink, hot and cold running water, adequate heating and cooling, required ventilation, minimum natural light and ventilation, required room dimensions, required electricity and lighting, freedom from insect or rodent infestation, connection to sewage disposal, and adequate garbage facilities; (2) Structural hazards including deteriorated foundations, insufficient flooring, failing walls or partitions, failing ceilings or roof supports, and failing fireplaces or chimneys; (3) Hazardous wiring not conforming to building code or not maintained in good condition; (4) Hazardous plumbing not conforming to building code or free of cross-connections; (5) Hazardous mechanical equipment including vents not conforming to building code; (6) Faulty weather protection including deteriorated plaster, deteriorated waterproofing, defective exterior wall coverings, and broken exterior wall or roof coverings; (7) Fire hazards or inadequate fire protection including non-compliant combustibles, inadequate fire-resistive construction or extinguishing systems, and lack of required fire detection systems; (8) Faulty materials or construction not approved by building code or not adequately maintained; (9) Hazardous or unsanitary premises with accumulation of weeds, refuse, dead organic matter, debris, garbage, rat harborages, stagnant water, combustible materials or similar hazards; (10) Inadequate maintenance including buildings determined to be unsafe; (11) Unhealthy conditions resulting in failure to maintain minimum standards of sanitation, health or safety; (12) Inadequate exits not meeting building code requirements; (13) Improper occupancy including buildings occupied for living purposes that were not designed or permitted for such use or occupied in excess of maximum occupancy.

A. A city or town may adopt a citywide residential rental property inspection program only if: (1) the city or town conducts a public hearing and adopts the program ordinance or resolution at a meeting at least 30 days after the hearing; (2) the ordinance or resolution is adopted by at least a three-fourths vote of the entire council; (3) the city or town notifies all owners registered with the county assessor; (4) the notice is mailed by first class mail at least 20 days in advance of the required public hearing; and (5) a notice of the public hearing is published in a local newspaper and any official municipal website not less than two weeks before the hearing. B. A city or town shall not adopt a residential rental licensing requirement for residential rental properties or property owners. This subsection does not prohibit a city or town from requiring a transaction privilege tax license. C. A city or town shall not adopt a residential rental registration requirement; registration information shall be obtained only from the county assessor's office.

A. A city or town shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections requested by an owner or lawful tenant, initial interior inspections pursuant to a warrant, initial annual inspections under a residential rental inspection program, or initial follow-up inspections where all violations identified in writing have been corrected. B. A city or town may charge a reasonable fee: (1) for each subsequent follow-up interior or exterior inspection to ensure compliance with a citation or notice for building code violations materially affecting health and safety; and (2) if an owner fails to correct a violation after adequate time, which shall be no less than 15 calendar days. C. Notwithstanding subsection B, a violation that immediately threatens the health and safety of occupants shall be cited and repaired immediately.

The following rules apply to the termination of tenancies and other estates at will or by sufferance: 1. Termination by landlord or tenant of a tenancy from year to year requires six months notice in writing. 2. Termination by landlord or tenant of a tenancy from month to month requires ten days notice in writing.

A landlord shall have a lien on the goods and chattels of the tenant found on the leased premises, or on premises to which the tenant has removed, for the rent due, and may enforce such lien by attachment. In an action under this section, the court shall render judgment and award execution for the amount found due together with costs, and may order the property to be sold to satisfy the judgment.