Arizona Rental Lease Agreements

The Arizona Rental Lease Agreements are legally binding contracts regarding the rental of a property, entered into by a landlord and tenant. The document stipulates each party’s respective obligations in regards to a number of matters, including the rent due date, utilities and services, the amount of rent, any furnishings, and any unique tenant and landlord obligations. Should one or both parties wish to terminate the lease, this document outlines specific legal provisions for doing so.

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What is an Arizona Lease Agreement?

An Arizona Lease Agreement provides explicit legal terms for both a landlord to lease a property, and a tenant to rent it out. The agreement provides certain legal protections to both parties, as well as responsibilities to uphold. Prior to signing a lease agreement, landlords should ensure they provide tenants with a rental application as a means of verifying of their credentials.

State Definition (Section 33-1310(12)) – “means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”

Types of Agreements

Association of Realtors Lease Agreement – The official Arizona Association of Realtors standard residential lease agreement.

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College Roommate Agreement – A non-binding document that college roommates to refer to in regards to matters concerning their shared living arrangements, such as guest policies and cleanup days.

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Commercial Lease Agreement – Used to outline legal terms between a landlord and a business.

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Lease to Own Agreement – An agreement that offers the provision for a tenant to purchase the property they are renting.

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Month-to-Month Lease –  A rental agreement without a set end date that requires renewing on a monthly basis.

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Roommate Agreement – Specifies how roommates should conduct themselves in a shared dwelling.

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Standard Residential Lease Agreement – Provides legal scope for a property to be rented out for a period of one (1) year.

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Sublease Agreement – Allows for tenants, with permission from their landlord, to rent out the property they are leasing.

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When is Rent Due?

According to § 33-1368(B), rent must be paid on the date stated in the agreement. Landlords may charge a late fee if rent is overdue, however, the fee must be reasonable and specified in a written rental agreement.

Landlord’s Access

Emergency (§ 33-1343(C)): In the case of an emergency, the landlord may enter the dwelling unit without the consent of the tenant.

Non-Emergency (§ 33-1343(D)): Withstanding an emergency case or if it is impracticable to do so, the landlord must provide the tenant at least two (2) days’ notice of the landlord’s intent to enter and only enter at reasonable times.

Required Disclosures

Bedbug Disclosure (§ 33-1319): The landlord is required to provide bedbug educational materials to existing and new tenants, of which includes such information as bedbug prevention strategies. In the case that the landlord knows of a current bedbug infestation in their dwelling, they shall not enter into any lease agreement with a tenant.

Disclosure of Landlord and Tenant Act (§ 33-1322-B):  The landlord should inform the tenant in writing that the Arizona Residential Landlord and Tenant Act can be obtained from the Arizona Department of Housing’s website. This should be done at or before the commencement of the tenancy.

Lead Paint Disclosure: Prior to the lease taking effect, federal law dictates that landlords must disclose known information about housing built before 1978 regarding lead-based paint and associated hazards. Landlords must also provide this pamphlet concerning the matter.

Name and Addresses (§ 33-1322): The landlord must disclose the name and address of the property owner as well as anyone authorized to manage the property.

Move-In Documents (§ 33-1321-C): Once the tenant moves in, the landlord must provide a signed copy of the lease to the tenant. They must also provide a move-in form that specifies any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection.

Security Deposit Laws

Maximum Amount (Section 33-1321(A)): A landlord cannot demand or receive security, including prepaid rent in an amount or value of more than one and one-half (1.5) month’s rent. However, the tenant can voluntarily pay more than one and one-half (1.5) month’s rent in advance if they choose to.

Returning to Tenant (Section 33-1321(D)): If the tenancy is terminated, property or money held by the landlord as prepaid rent and security may be applied to the payment of all rent. It is also subject to a landlord’s duty to mitigate all charges as specified in the signed lease agreement or as provided in this chapter.