AZ
Arizona Landlord-Tenant Laws
Security Deposit Limits and Requirements
A.R.S. § 33-1321(A), (B)
⏰ Timeline
At or before move-in
✅ Key Requirements
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- Maximum security deposit is 1.5 times the monthly rent
- Includes all security however denominated — security deposit, prepaid rent, etc.
- Tenant may voluntarily pay more than 1.5 months in advance, but landlord cannot demand it
- All nonrefundable fees or deposits must be designated as nonrefundable in writing
- Any fee or deposit NOT designated as nonrefundable in writing is automatically refundable
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Security Deposit Return Timeline
A.R.S. § 33-1321(D)
⏰ Timeline
- 14 business days (excluding Saturdays, Sundays, and legal holidays) after termination of tenancy, delivery of possession, and demand by tenant
- First class mail to tenant's last known place of residence, unless other arrangements made in writing
- Tenant has 60 days after itemized list is mailed to dispute deductions
✅ Key Requirements
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- Landlord has 14 business days to return deposit and provide itemized list of deductions
- 14-day period excludes Saturdays, Sundays, and legal holidays
- Clock starts after ALL three conditions are met: (1) tenancy terminated, (2) tenant delivers possession, (3) tenant demands return
- Must provide written itemized list of ALL deductions
- Must mail by first class mail to tenant's last known address unless tenant provides other arrangements in writing
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Permitted Security Deposit Deductions
A.R.S. § 33-1321(D)
⏰ Timeline
Within 14 business days of termination, possession, and demand
✅ Key Requirements
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- May deduct for unpaid rent
- May deduct for all charges specified in the signed lease agreement
- May deduct for damages caused by tenant's noncompliance with A.R.S. § 33-1341 (tenant obligations)
- Cannot deduct for normal wear and tear
- Cannot deduct for routine carpet cleaning if tenant left unit in reasonably clean condition
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Move-In and Move-Out Inspection Requirements
A.R.S. § 33-1321(C)
⏰ Timeline
Move-in: at or before occupancy; Move-out: landlord must notify tenant of right to be present
✅ Key Requirements
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- Landlord must provide a move-in inspection form (checklist) to record existing damage
- Tenant should complete walk-through and note all existing damage on the checklist
- Both parties should sign and date the checklist; tenant should keep a copy
- Landlord must notify tenant in writing of the right to be present at the move-out inspection
- Landlord does NOT have to allow tenant to be present if evicting for material and irreparable breach and has reasonable cause to fear violence or intimidation
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Eviction for Nonpayment of Rent (5-Day Notice)
A.R.S. § 33-1368(B)
⏰ Timeline
5 calendar days after written notice
✅ Key Requirements
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- Landlord must serve written notice of nonpayment and intent to terminate
- Tenant has 5 calendar days (including weekends and holidays) to pay all rent due
- If tenant pays ALL past due rent plus reasonable late fees (if in lease) before filing, the rental agreement is automatically reinstated
- After the 5-day period, if unpaid, landlord may file a special detainer action in court (A.R.S. § 33-1377)
- After filing: tenant can still reinstate by paying all past due rent, late fees, attorney fees, AND court costs
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Eviction for Lease Violations (10-Day and 5-Day Notices)
A.R.S. § 33-1368(A)
⏰ Timeline
- 10-day notice to cure or quit
- 5-day notice to cure or quit
- 10-day unconditional quit (no right to cure)
- Immediate termination
✅ Key Requirements
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- Material lease violation (general): 10-day notice to cure — tenant can fix the problem within 10 days
- Material falsification on rental application (general info): 10-day notice to cure
- Material falsification of criminal records or prior evictions: 10-day notice, NOT curable
- Health and safety violations (A.R.S. § 33-1341): 5-day notice to cure
- Repeat violation of same or similar nature: 10-day unconditional notice — landlord may file eviction after 10 days with no right to cure
- +3 more requirements
Arizona Eviction Court Process (Special Detainer)
A.R.S. § 33-1377; A.R.S. § 12-1171 et seq.
⏰ Timeline
Typically 5-10 days from filing to initial hearing; varies by court
✅ Key Requirements
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- Step 1: Serve the appropriate written notice (5-day, 10-day, or immediate depending on grounds)
- Step 2: If tenant does not comply or vacate, file a Special Detainer complaint in Justice Court (claims under $10,000) or Superior Court (over $10,000)
- Step 3: Court issues summons to tenant
- Step 4: Hearing — tenant may file written answer or answer orally in open court
- Step 5: If landlord prevails, court issues a Writ of Restitution
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Landlord Repair and Habitability Obligations
A.R.S. § 33-1324
⏰ Timeline
Ongoing duty; specific repair timelines depend on the remedy pursued
✅ Key Requirements
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- Must comply with applicable building codes affecting health and safety
- Must make all repairs necessary to keep premises fit and habitable
- Must keep common areas clean and safe
- Must maintain all electrical, plumbing, sanitary, HVAC, and other facilities in safe working order
- Must provide receptacles and removal service for waste
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Tenant's Right to Repair and Deduct (Minor Defects)
A.R.S. § 33-1363
⏰ Timeline
Tenant must give notice; landlord has reasonable time to repair before tenant may self-help
✅ Key Requirements
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- Applies when landlord fails to comply with A.R.S. § 33-1324 (habitability obligations)
- Repair cost must be $300 or less, OR one-half of monthly rent, whichever is GREATER
- Tenant must notify landlord in writing of the condition and intent to correct at landlord's expense
- If landlord fails to comply, tenant may have repairs made by a licensed contractor
- Tenant must submit an itemized statement of costs to the landlord
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Utility Service Protections
A.R.S. § 33-1364
⏰ Timeline
Tenant must give reasonable notice to landlord specifying the breach
✅ Key Requirements
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- Applies when landlord deliberately or negligently fails to supply essential services (water, gas, electric, hot water, heat, A/C)
- Tenant must give reasonable notice specifying the breach
- Tenant may choose ONE of the following remedies: (1) procure substitute services and deduct actual cost from rent, (2) recover damages, OR (3) procure substitute housing and be excused from rent
- With utility company approval, tenant may pay landlord's delinquent utility bill and deduct from rent
- Landlord may not terminate utility services as a means of eviction (A.R.S. § 33-1364(C))
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Landlord Right of Entry
A.R.S. § 33-1343
⏰ Timeline
2 days' notice required; entry only at reasonable times
✅ Key Requirements
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- Landlord must give 2 days' notice before entering the dwelling unit (A.R.S. § 33-1343(D))
- Entry only at reasonable times
- Tenant shall not unreasonably withhold consent for lawful entry
- Lawful reasons for entry: inspect premises, make repairs, supply services, show unit to prospective tenants/buyers/contractors
- Emergency entry permitted WITHOUT notice or consent
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Lease Requirements and Disclosures
A.R.S. §§ 33-1314, 33-1315, 33-1321(B), 33-1322
⏰ Timeline
At or before lease signing
✅ Key Requirements
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- Leases for one year or more must be in writing (Statute of Frauds)
- Oral leases are valid for less than one year — treated as month-to-month or week-to-week
- Landlord must disclose in writing the name and address of the property manager and the owner or owner's agent (A.R.S. § 33-1322(A))
- Must provide notice that copies of the AZ Residential Landlord and Tenant Act are available free from the Secretary of State (A.R.S. § 33-1322(B))
- Must provide move-in inspection form (A.R.S. § 33-1321(C))
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Lease Termination and Month-to-Month Rules
A.R.S. § 33-1375
⏰ Timeline
- 10 days' written notice before termination date
- 30 days' written notice before periodic rental date
- Terminates on its own date; no notice required unless lease provides otherwise
✅ Key Requirements
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- Week-to-week tenancy: either party may terminate with 10 days' written notice (A.R.S. § 33-1375(B))
- Month-to-month tenancy: either party may terminate with 30 days' written notice before the periodic rental date (A.R.S. § 33-1375(B))
- Fixed-term leases expire on their stated termination date
- If tenant remains after lease expiration without landlord consent, landlord may seek eviction
- If landlord accepts rent after lease expiration without a new agreement, tenancy converts to month-to-month on same terms (A.R.S. § 33-1314(D))
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Retaliation Protection for Tenants
A.R.S. § 33-1381
⏰ Timeline
Protection applies when tenant engages in protected activity
✅ Key Requirements
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- Landlord may NOT retaliate by: increasing rent, decreasing services, or bringing/threatening eviction
- Protected tenant activities include: complaining to a government agency about code violations affecting health and safety, organizing or joining a tenants' union
- Retaliation is presumed if landlord acts within 6 months of the tenant's protected activity
- Landlord can rebut the presumption by showing a valid non-retaliatory reason
- Protection does NOT apply if tenant made the complaint after receiving a notice of termination
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Late Fees and Rent Rules
A.R.S. § 33-1368(B), (C)
⏰ Timeline
Per lease terms; no state-mandated grace period
✅ Key Requirements
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- No state-mandated grace period — rent is late the day after it is due
- Late fees must be 'reasonable' — no specific dollar cap in state law
- Late fees must be specified in the written rental agreement to be enforceable
- Landlord may collect all reasonable charges specified in the lease (A.R.S. § 33-1368(C))
- No statewide rent control — Arizona law prohibits local governments from enacting rent control
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Early Termination for Domestic Violence or Sexual Assault
A.R.S. § 33-1318
⏰ Timeline
Written notice with mutually agreed release date within 30 days
✅ Key Requirements
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- Applies to victims of domestic violence (A.R.S. § 13-3601) or sexual assault (A.R.S. § 13-1406)
- Tenant must provide written notice requesting release from lease with mutually agreed release date within next 30 days
- Must accompany notice with one of: (1) copy of protective order, OR (2) copy of written police report
- Violence or assault must have occurred within 30 days preceding the notice, unless landlord waives this requirement
- Tenant is not liable for future rent and shall not incur early termination penalties
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Bedbug Disclosure and Treatment Obligations
A.R.S. § 33-1319
⏰ Timeline
Educational materials at lease signing; treatment as needed
✅ Key Requirements
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- Landlord must provide bedbug educational materials to all existing and new tenants
- Tenant must not knowingly move infested materials into the dwelling
- Tenant must promptly notify landlord of any suspected bedbug infestation
- Landlord of multi-family properties must coordinate treatment efforts
- Does NOT apply to single-family residences (A.R.S. § 33-1319(D))
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Fair Housing and Discrimination Protections
A.R.S. §§ 41-1491.14, 41-1491.19, 33-1317; 42 U.S.C. § 3604
⏰ Timeline
Ongoing; applies to all housing transactions
✅ Key Requirements
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- Federal Fair Housing Act protections: race, color, national origin, religion, sex, familial status, disability
- Arizona Civil Rights Act adds similar state-level protections (A.R.S. §§ 41-1491.14, 41-1491.19)
- Cannot refuse to rent to families with children unless housing qualifies as 'housing for older persons' (A.R.S. § 33-1317)
- Must make reasonable accommodations for tenants with disabilities
- Must allow reasonable modifications for disability (at tenant's expense)
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Tenant Abandoned Property Procedures
A.R.S. § 33-1370
⏰ Timeline
Landlord must provide written notice; tenant has time to claim property
✅ Key Requirements
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- After tenant vacates, landlord must inventory all personal property left behind
- Landlord must provide written notice to tenant at last known address describing the property
- Tenant typically has 14 days after notice to claim property (varies by circumstances)
- Landlord must store property in a reasonably safe and secure location
- If tenant does not claim property within the notice period, landlord may sell or dispose of it
- +3 more requirements