Arizona landlord tenant law: the rules a landlord meets

Arizona security deposit law

Most you can take

1.5 months’ rentA.R.S. § 33-1321(A)Tenant may voluntarily prepay more rent in advance.

Back to the tenant within

14 daysA.R.S. § 33-1321(D)14 days excluding Saturdays, Sundays and legal holidays, counted from termination, delivery of possession and the tenant's demand.

Rent and late fees

Late fee

Must be reasonableA.R.S. § 33-1368(B)Must be a reasonable late fee set forth in a written rental agreement.

Arizona rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedA.R.S. § 33-1329No statute sets a rent-increase notice; a month-to-month tenancy can be ended on 30 days' notice before a rental date under § 33-1375, which is how a change is imposed. Cities and towns may not control private residential rents.

Rent control

Local rent control bannedA.R.S. § 33-1329

Entering the property: notice to the tenant

Notice before you enter

48 hoursA.R.S. § 33-1343(D)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysA.R.S. § 33-1375(B)Written notice at least 30 days before the periodic rental date specified in the notice.

Unpaid rent

5 daysA.R.S. § 33-1368(B)“5-day notice to pay or quit”Paying in full within the period stops itBefore a special detainer action is filed, tendering all past-due rent and a reasonable late fee reinstates the lease; after filing, reinstatement also requires costs and attorney fees, and after judgment it is the landlord's choice. A mailed notice counts as received five days after mailing.

Another breach of the lease

10 daysA.R.S. § 33-1368(A)“10-day notice to cure or quit”The tenant can fix the breach within the periodTen days to remedy a material breach, five days for a breach of the tenant's duties materially affecting health and safety, and immediate termination for a material and irreparable breach such as violent crime or illegal drug activity. Material falsification on the application is not curable.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsA.R.S. § 33-1367

The Arizona eviction process, step by step

Disclosures a Arizona lease has to carry

• Disclose in writing, at or before the start of the tenancy, the name and address of the property manager and of an owner or agent for service of process and notices. (A.R.S. § 33-1322(A))
• Inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing website. (A.R.S. § 33-1322(B))
• State in writing the purpose of every nonrefundable fee or deposit; anything not designated nonrefundable is refundable. (A.R.S. § 33-1321(B))
• At move-in, give the tenant a signed copy of the lease, a move-in form for noting existing damage, and written notice that the tenant may be present at the move-out inspection. (A.R.S. § 33-1321(C))
• Provide bed bug educational materials to new and existing tenants (does not apply to a single-family residence). (A.R.S. § 33-1319(A), (D))