Arizona Lease Agreement Template

1. Bed Bugs Disclosure – Landlords are required to give “educational materials” to tenants about how to deal with bedbugs and how they spread. Landlords of a single-family residence are excluded from this requirement.^[2]

2. Non-Refundable Fees – Any fee stated in the agreement that is non-refundable must expressly state that it is non-refundable, or else the amount is refundable.^[3]

3. Copy of Landlord-Tenant Act – Landlords may choose to provide a copy of the Landlord-Tenant Act to their tenants. However, Arizona law requires that the landlord inform a tenant of the Act’s availability on the AZ Dept. of Housing’s website.^[4]

4. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires all landlords/managers/agents to inform a new tenant that a property may have lead-based paint if built prior to 1978.^[5]

5. Move-in / Move-out Condition Checklist – The landlord is required to provide a move-in condition checklist that allows the tenant to perform an inspection of the property for current damage. At the end of the lease, the landlord will be able to perform the move-out inspection by first giving the Tenant written notice of the move-out date.^[6]

6. Owner/Manager Disclosure – The landlord must disclose the person(s) managing the property and give contact information for legal notices. This is commonly written in the lease agreement.^[7]

7. Pool Safety Notice (conditional) – If the property has a pool, the landlord must give a pool disclosure for safety education and responsibilities. The disclosure is issued by the Dept. of Health Services.^[8]

8. Shared Utility Charges (conditional) – If the landlord bills the tenant based on a shared meter, the computation for how it is charged must be in the rental contract. The landlord may reimburse themselves for any administrative costs for calculating and paying the utility.^[9]

9. Undergoing Foreclosure (conditional) – If the rental property is in the foreclosure process, notice must be given by the landlord to the tenant.^[10]

Maximum Amount – The landlord may not ask for the tenant to put up more than one and a half (1.5) months’ rent.^[11]

Collecting Interest – No statute. The landlord is not obligated to collect interest on behalf of the tenant for the security deposit.

Returning to Tenant – Must be returned to the tenant within fourteen (14) days (excluding weekends and legal holidays) of the termination of tenancy and the tenant’s demand for the deposit.^[12]

• Itemized List – If any deductions are made against the security deposit, an itemized list must be included. The tenant has 60 days to claim a dispute to the landlord for any wrongful deduction.

Grace Period – Rent is due at the time and place agreed upon by the parties.^[13] There is no rent grace period in Arizona. If rent is not paid, the landlord may notify the tenant via a 5-day notice to quit.

• Manufactured Homes – There is a 5-day rent grace period for manufactured homes only.^[14]

Maximum Late Fee ($) – There is no statutory maximum. The landlord can charge as much as desired if the penalty is mentioned in the lease.

• Manufactured Homes – There is a maximum of five dollars ($5.00) per day.^[15]

NSF Fee – A landlord may charge up to $25 for a dishonored check.^[16]

Withholding Rent – Rent can be withheld if the landlord fails to provide reasonable amounts of hot water, running water, heat, or essential services.^[17]

Standard Access – The landlord must give at least forty-eight (48) hours’ notice to the tenant before entering the property for non-emergency inspections or maintenance.^[18]

Immediate Access – The landlord has the right to enter in the case of an emergency.^[19]

Absence – A property is considered abandoned if:

• Property is Furnished – Tenant is absent for 7 days, rent hasn’t been paid in 10 days, and there is no reasonable evidence the tenant is on the premises.^[20]
• Property is Unfurnished – Tenant is absent for 5 days, rent hasn’t been paid in 5 days, and there is no personal property on the premises.^[21]

Breaking a Lease – The landlord has the right to recover all reasonable damages resulting from a tenant’s noncompliance.^[22] If a tenant vacates the property and leaves earlier than the lease end date, the landlord must make reasonable efforts to re-rent the property. If the property is re-rented, the former tenant will only be liable for the months the property was empty.^[23]

Utility Shutoff – If the tenant fails to maintain the property, which affects the health and safety of the occupants, the landlord can give 14 days’ notice. If the tenant doesn’t restore service within the notice period, the landlord can terminate the lease.^[24]

Unclaimed Property – If the tenant leaves personal items on the property after the lease terminates, the landlord must send an inventory plus the storage cost.^[25] After 14 days, the landlord can choose to donate the tenant’s personal items to a non-profit organization or sell the items with the proceeds to help pay for the landlord’s costs. Any excess funds must be mailed to the tenant.^[26]