Updated May 25, 2023
An Arizona lease agreement is a document created for a landlord to outline the terms and conditions of renting property to a tenant. After a tenant shows interest in a property, the landlord will commonly verify the tenant’s financials and income with a rental application. If approved, the parties will write and sign a lease with the tenant obligated to pay the first (1st) month’s rent and a security deposit prior to occupancy.
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Agreement Types (6)
 Standard Lease Agreement – The most widely used form as it is a fixed-term arrangement that usually consists of 12 months.
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 Commercial Lease Agreement – For any property that an entity or individual may use as a place of business.
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 Month to Month Lease Agreement (§ 33-1375) – Known as a “tenancy at will,” both parties continue the landlord-tenant arrangement until one side decides to terminate or change the contract. Either party may terminate with at least 30 days’ notice from the next payment date.
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 Rent-to-Own Lease Agreement – The tenant pays rent like a typical lease with the option of having the legal right to buy the property.
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 Room Rental (Roommate) Agreement – For the use of renting a room or a portion of a residential unit.
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 Sublease Agreement – To re-rent a property under the control of a tenant.
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Required Disclosures (9)
Bed Bugs Disclosure (§ 33-1319) – Landlords are required to give “educational materials” to tenants about how to deal with bedbugs and how they spread.
Fees (§ 33-1321) – Any fee stated in the agreement that is non-refundable must expressly state that it is non-refundable, or else the amount is refundable.
Landlord-Tenant Act (§ 33-1322) – The landlord must give the tenant a copy of the Arizona Residential Landlord and Tenant Act (Title 34, Chapter 3) at the time of lease authorization.
Lead-Based Paint Disclosure – 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.
Move-in / Move-out Condition Checklist (§ 33-1321(C)) – All leases are required to have the move-in checklist attached. Whether it is completed by the Tenant is up to them. 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.
Notice (§ 33-1322) – Landlord must disclose the person(s) managing the property and give contact information for any legal notices. This is commonly written in the lease agreement.
Pool Safety Notice (§ 36-1681(E)) – For landlords renting a property with access to a pool.
Shared Utility Charges (§ 33-1314.01) – 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.
Taxes (§ 33-1314) – If the business pass-through tax changes in the area of the residence, the landlord may reflect the tax with at least thirty (30) days’ notice to the tenant. This option to increase the rent due to the business pass-through tax must be stated in the lease for it to come into effect.
Security Deposits
Maximum Amount (§ 33-1321) – The landlord may not ask for the tenant to put up more than one and a half (1.5) months’ rent.
Returning to Tenant (§ 33-1321) – Must be returned to the tenant within fourteen (14) days (excluding weekends and holidays) from the time of the move-out inspection.
When is Rent Due? (Grace Period)
Rent is due at the time and place agreed upon by the parties. There is no rent grace period in Arizona. If rent is not paid, the landlord may give notice to the tenant through a 5-day notice to quit.
Manufactured Homes – There is a 5-day rent grace period for manufactured homes only (§ 33-1414).
Late Fees
Maximum Penalty – 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 (§ 33-1414(8)(c)).
NSF Fee (§ 44-6852) – A landlord may charge up to $25 for a dishonored check.
Right to Enter (Landlord)
The Landlord must give at least forty-eight (48) hours’ notice to the tenant before entering the property for non-emergency inspections or maintenance (§ 33-1343).
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Resources
- Arizona Tenants’ Rights and Responsibilities Handbook – Provided by the Volunteer Lawyers Program Community Legal Services.
- Arizona Residential Landlord and Tenant Act (Revised July 1, 2018) – Provided by the Arizona Dept. of Housing.