A lease agreement in Arizona is a legally binding document that regulates the rights and duties of the landlord and the tenant.
The tenant has the right to use the property and a duty to pay the rent according to the lease agreement. On the contrary, the landlord has the right to claim the rent from the tenant and a duty to enable him to use the property.
Either party can include any clause that is not strictly prohibited by the law.
A lease agreement usually includes the following:
Information about the contractual parties and the property
Details about the rent payment
Rules for using the property
Signatures of the parties
Read this article carefully to find out what kind of lease agreement you need to rent out your property in Arizona.
Arizona Lease Agreement Required Disclosures
For the property under Arizona state jurisdiction, these disclosures must be included in the lease agreement:
Lead-based paint disclosure. The landlord must inform the tenant of any lead-based paint presence at the property if it was built before 1978.
Bed bug disclosure. Arizona Rev stat § 33-1319 provides that the landlord must give educational materials about the bed bug infestation to the tenant. The landlord also has to include a bed bug section in the lease agreement.
Non-refundable fee disclosure. The landlord must disclose any fee that is non-refundable in the lease agreement. Otherwise, the tenant can legally claim a refund on any non-disclosed fee. (§ 33-1321)
Manager and owner information disclosure. A person signing the lease agreement as a landlord shall disclose the names and addresses of the property manager and owner (§ 33-1322).
Landlord-Tenant act disclosure. The landlord needs to inform the tenant that the Arizona residential landlord and tenant act is available on the Arizona Department of Housing's website. (§ 33-1322)
Move-in Form. The landlord must attach the move-in form to the lease agreement. The tenant can use that form to list any damages to the property that were present when the tenant moved in. That way, the tenant will prevent any deductions from the deposit for the damages they didn’t cause. (§ 33-1321(C))
Pool Safety Disclosure. For any property with access to the pool (§ 36-1681(E)). The landlord must include the notice with safety instructions for the pool.
Shared utilities notice. If more tenants are using the same meter to pay any kind of utilities, the landlord needs to provide a notice explaining how utilities are shared among them. (§ 33-1314.01)
Tax increase. If the landlord wants to have the right to increase the rent due to the tax increase, such a right has to be explicitly provided in the lease agreement. (§ 33-1314)
Arizona Lease Agreement Optional Disclosures
The landlord and the tenant can also include the below disclosures in their lease agreement in order to additionally protect their rights and prevent liabilities:
Asbestos disclosure. The landlord should inform the tenant of any asbestos hazards at the property. This notice should be given for any property built before 1981.
Mold disclosure. The mold status of the property needs to be disclosed by the landlord before the tenant moves in. This will prevent any damage claims if mold appears afterwards.
Pets and smoking disclosure. This disclosure allows or prohibits pets or smoking on the property. It also provides detailed rules about damage caused by pets and smoking.
Consequences of Non-Disclosure
The tenant can sue the landlord for the non-compliance and get compensated for the damages caused by the health and safety violations.
The landlord can be found guilty of a petty offense if they fail to provide the pool safety disclosure. (§ 36-1618)
On top of that, the landlord can be charged up to $19,507 in penalties if they fail to disclose a lead-based paint hazard. (24 CFR § 30.65)
Arizona Lease Agreement Security Deposits
Security Deposit Maximum
The landlord cannot ask for a deposit higher than one and a half months' rent. This does not apply if a tenant voluntarily agrees to pay more. (§ 33-1321(A))
Security Deposit Return
The landlord has 14 days (excluding weekends and holidays) to return the remaining deposit to the tenant from the moment of lease termination. The landlord also has to send an itemized list of all deductions made from the deposit. The tenant then has the right to contest the deductions within 60 days of receiving the list.
When is Rent Due in Arizona? (Grace Period)
The rent is due on a date defined in the lease agreement. The tenant can issue a 5-day notice to pay or quit if the rent is not paid on the due date.
There is no general grace period for rent payments provided in Arizona. The exception is a 5-day grace period for manufactured homes. (§ 33-1414)
Arizona Rent Late Fees
There are no regulations about the late rent payment fee in Arizona. The landlord might charge any amount they deem reasonable. However, any late fee has to be stipulated in the lease agreement beforehand.
Manufactured homes are an exception, with a $5 per day limit on late fees. (§ 33-1414)
Arizona NSF Checks
The landlord can charge up to $25 plus compensation for any check processing charges for writing a bad check to pay the rent. (§ 44-6852)
Arizona Landlord’s Right to Enter
Before entering the leased property, the landlord must give the tenant at least two days' notice. The landlord cannot access the property without the tenant’s consent.
If the tenant asks the landlord for him to do the repairs, the landlord can assume that the tenant consented to him entering the property.
The landlord doesn’t need consent to enter the property in the following cases:
Reasons for Entry
Court order issued.
The tenant has abandoned the property.
Arizona Lease Agreement FAQ
Yes, a lease agreement is a legally binding document in Arizona. Therefore, a written form of a lease agreement is required for leases longer than one year.
Parties need to fill in all the blank spaces and sign the written lease agreement for it to be legally binding.
The Arizona lease agreement should have the following elements:
Details of the landlord and tenant
Information about the leased property
Rent amount and the method of payment
Security deposit amount
Non-refundable or late fees (if applicable)
List of utilities paid for the property
House rules (e.g., pets, smoking, etc.)
Signatures of the parties
Here you can find templates for different kinds of lease agreements used in Arizona. Renting long-term or month-to-month? Leasing or subleasing? Renting for residential or commercial purposes? Find a lease agreement template that matches your needs.
Steps you should follow after making the lease agreement:
Make sure each party has at least one copy of the lease agreement.
Make sure all fields are completed and both parties sign lease.
Optionally notarize the lease agreement.
Inspect the premises before moving in.
Make sure everything is in good shape, and sign the move-in form.
Pay the rent and deposit.