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Arizona Property Management Laws

Being aware of, and understanding, property management laws in Arizona is important for landlords, property management companies, owners and investors. Realistically, these laws can be confusing, making it hard to understand just what it is that has to be done. Understanding the law is particularly difficult for management teams and those who have properties across multiple states because laws vary from state to state.

This is a guide designed to provide you with a resource you can keep on hand to see a broad overview of Arizona's state laws. The appropriate statutes are listed, so you can go to them individually and learn more. This guide gives you information on what you can and cannot do as a property manager or landlord in Arizona, so you understand how to appropriately select tenants, manage your property and collect fees.

Key Points

  • 1 Arizonian property management companies must have real estate brokers’ licensing.
  • 2 For those looking to find renters for their property, it’s important to consider hiring professional property management to make sure that the state laws and regulations are adhered to.
  • 3 Property management companies take on much of the work of renting and maintaining properties, letting investors and owners enjoy the benefits without as much work.
  • 4 Investors and owners need to consider having a binding contract with any property management company they want to work with. The contract should be reviewed by a legal professional and adhere to state laws. This contract also needs to explain the fee schedule, services to be provided, how the management company prefers payment and situations that may result in additional or unexpected fees.

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.

Code Description
33-1321  Security deposits 
33-1322  Disclosure and tender of written rental agreement

33-1323  Landlord to supply possession of dwelling unit 
33-1324  Landlord to maintain fit premises 
33-1325  Limitation of liability 
33-1329  Regulation of rents; authority 
33-1330  Transfer of records on sale 
33-1331  Notice of foreclosure; effect on lease; damages

Rental Application Laws

What application fees are allowed?

Arizona does allow application fees for potential tenants. There are no limits.

Are there protected groups who cannot be discriminated against?

A person who fails to rent for the reason that the person has a child or children or who has rental restrictions against children is guilty of a petty offense in Arizona. There is an exception, which is within property that meets the definition of housing for older persons in section 41-1491.04. Landlords may refuse people with children when the total number of individuals would exceed maximum occupancy. It is presumed that two people may be housed in each bedroom within a property (33-1317).

Security Deposit Laws

Are additional move-in fees allowed? 

Landlords are able to ask for the first and last month’s rent up front with the security deposit, so long as the amount does not exceed one and one-half month’s rent. Tenants may voluntarily pay more in advance (33-1321).

Is there a limit on the security deposit amount that can be charged? 

Arizona statute 33-1321 limits security deposits to one-and-a-half-month’s rent. 

Does the landlord have to hold the security deposit in a specific way during occupancy?

There are no specific rules regarding how the landlord has to secure the security deposit during the tenant’s stay (33-1321).

How long does the landlord have to return the security deposit after move out? 

A landlord must return the security deposit within 14 business days from the termination of the tenancy. It is required to be mailed to the last-known address of the tenant unless other arrangements have been made. If deductions were made, an itemized list should explain the reason and amount being withheld (33-1321)

What are the reasons why a landlord can withhold part or all of the security deposit?

A landlord may keep a tenant’s security deposit, or a portion of it, to cover damage in excess of normal wear and tear, costs from a breach of the lease and unpaid rent. The exact items that a landlord can take deductions from the security deposit for should be spelled out in the lease (33-1321).

What is the penalty if the landlord doesn’t return the security deposit? 

A tenant may recover the property and money due with damages equal to twice the amount that was wrongfully withheld (33-1321).

Laws about Leases and Lease Termination

What types of lease terms are allowed? 

A landlord and tenant can include in any rental agreement terms and conditions that aren’t prohibited by chapter 33-1314. Usually, periodic rent is payable at the beginning of a month and in equal monthly installments. Unless otherwise agreed, rent is uniformly calculated on a day-by-day basis. 

What happens if the tenant violates the lease? 

If a tenant violates the lease and is in arrears for five days or longer, the landlord or person who collects the rent has the right to re-enter, take possession or begin actions to recover the property. A landlord may also place a lien on the personal property of the tenant that is on the premises to secure the payment of rent (33-361). After 60 days, the landlord may seize the personal property as allowed for in section 33-1023.

How much notice is required for a month-to-month lease termination? 

Month-to-month leases require at least 10 days’ notice before lease termination, and no nonpayment of rent notice is required (33-341).

When can a tenant terminate a term lease without penalty? 

There are several times when tenants can terminate a lease without penalty, which are spoken about more specifically in the following sections. Some include when tenants are victims of domestic violence or entering active military duty. Tenancies may also be ended at the end of a lease without penalty. Month-to-month leases may be terminated with 10 days’ notice, and semi-monthly tenants must give five days’ notice (33-341).

How much notice do service members have to supply before terminating the lease?

By federal law, you should provide your landlord with written notice of your intent to break the lease and with a copy of your military orders. Ideally, this is done 30 days or more in advance. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.)

Are there special lease termination rules for victims of domestic violence? 

Statute 33-1218 states that tenants who provide written notice and describe that they have been victims of domestic violence may terminate the least and vacate the dwelling without future liability, early termination penalties or fees. To do this, the tenant need to provide a copy of any protective order issued, a copy of a written departmental report from the law enforcement agency and the name and address of the person named in the order of protection upon request (if known).

How and when can a landlord evict a tenant? 

A landlord may evict a tenant for material and irreparable breaches (33-1321). A landlord does not need to give notice of terminating the lease if the tenant fails to pay (33-341)

How much notice does a landlord have to give before making changes to the property that result in the termination of tenancy?

There are no state laws that apply, but local county, city or regional laws may provide for a grace period. 

Laws about Rent and Late Fees 

When can a landlord increase rent? 

A landlord can typically increase the rent only when the tenant is signing a new lease unless the current lease allows for changes in terms, such as a rent increase mid-lease. If you are involved in a month-to-month contract, your landlord needs to provide you with at least 30 days’ notice in writing.

Is there a maximum amount of rent that a landlord can charge tenants? 

There are no state laws that apply, but local county, city or regional laws may limit rents within a local area.

Is there a state-mandated grace period that landlords must give tenants before charging a late fee? 

There are no state laws that apply, but local county, city or regional laws may provide for a grace period. 

Is there a limit on how much of a late fee the landlord can charge tenants?

Late fees are required by law to be described in your lease and are required to be reasonable.

Legally Required Disclosures

What types of disclosures are landlords required to supply regarding ownership of the property?

On the sale of the property or transfer of an apartment community, the landlord must deliver to the buyer complete information including tenant security deposit information, files for each tenant and other documents and disclosures at their disposal (33-1330). If the property is entering into foreclosure, the landlord must let the tenant know the time and date of the sale and, if the property does sell, provide the tenant with notice of the sale within five business days. If a tenant is not notified within five business days, they can pursue damages and injunctive relief (33-1331).

Can the owner designate an agent to serve and receive disclosures? 

Yes. The Arizona Residential Landlord and Tenant Act states that a landlord who is not a resident of the state can designate an agent to receive disclosures. If they do not and cannot be reached, section 33-1322 states that the secretary of state will receive or serve the disclosures. 

What disclosures related to mold are landlords required to supply?

There are no state laws that apply, but local county, city or regional laws may.

What disclosures related to lead paint are landlords required to supply?

No state laws apply, but in accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, and Section 1018, known information on lead-based paint and lead-based paint hazards must be disclosed before the sale or lease of the majority of homes build prior to 1978. 

Laws about Landlord Responsibilities

How much notice does the landlord have to supply before entry? 

Landlords must provide tenants at least two days’ notice that they will be entering the premises, and they can only do so at a reasonable time. If a tenant turns in a maintenance request or notifies the landlord of an issue in the property, that notice serves as granting permission to enter (A.R.S. § 33-1343).

When can the tenant refuse to allow the landlord entry? 

If the landlord is not at the property to make repairs, due to an emergency or has not provided at least two days’ notice, the tenant may reasonably refuse entry. If the landlord does make an unlawful entry into the property, the tenant may seek injunctive relief (33-1376).

What steps must the landlord take to keep the property habitable? 

The landlord has to maintain in good and safe working order the electrical, sanitary, plumbing, ventilating, air-conditioning and heating devices as well as appliances, elevators and other items supplied by him (13-1324)

What utilities must the landlord supply and maintain? 

Running water, with reasonable amounts of hot running water, must be available at all times. Reasonable heat and air-conditioning should be available when installed and offered and where required due to seasonal conditions (13-1324). A landlord is obligated to provide the essential services and utilities specified in the lease (33-1364). They are also required to provide and maintain appropriate trash receptacles and conveniences to remove rubbish, waste, garbage, ashes and other incidental waste items and to arrange for their disposal (33-1324).

What amenities must the landlord supply and maintain? 

There are no state laws that apply, but local county, city or regional laws may.

Does the landlord have to supply a certificate of inspection? 

There are no state laws that apply, but local county, city or regional laws may.

Is the landlord required to supply locks and keys?

Landlords provide locks and keys. These keys should be returned to the landlord upon terminating the tenancy (33-1314).

Are retaliatory actions prohibited? 

Article 33-1381 prohibits retaliatory actions. The landlord may not retaliate by increasing your rent or decreasing services. They may not threaten or bring an action for possession, either, if it is a retaliatory act after a tenant:

  • Complained to a governmental agency about a building or housing code violation
  • Complained about a violation of section 33-1324
  • Complained about the enforcement of the wage-price stabilization act
  • Became a member of a tenants’ union or similar organization

Property Maintenance and Repair Laws

What type of maintenance is the landlord responsible for?

A landlord is required to meet with the requirements of applicable building codes and to make all repairs that are necessary to keep the property in fit and habitable conditions (33-1324).

How long does the landlord have to make repairs? 

There are no state laws that apply, but local county, city or regional laws may.

What type of maintenance is the tenant responsible for? 

Tenants are responsible for maintenance only when it’s included in the lease and does not diminish or affect the obligation of the landlord or other tenants. The agreement must be entered into in good faith and not as a way to help the landlord evade their obligations. The work may also not be necessary to cure noncompliance issues (33-1324).

Is the landlord responsible to fix damage caused by tenants? 

There are no state laws that apply, but local county, city or regional laws may.

When does a landlord have to return and/or lower rent due to diminished rental value? 

Tenants may pursue damages for diminished services or terminate the rental agreement if the landlord terminates or unlawfully removes the tenant from the property or interrupts necessary utilities. They may recover an amount no more than two months’ rent or twice the actual damages (33-1321).

When can a tenant request an official inspection to determine substandard or dangerous living conditions? 

The city, town or state may inspect a rental property if the property owner fails to comply with section 33-1902 or if it has been designated as a slum property. The owner is responsible for covering the cost (33-1904).

Under what circumstances can a tenant make a repair and deduct the cost from the rent paid to the landlord? 

There are no state laws that apply, but local county, city or regional laws may.

When is a landlord required to pay for relocation assistance?

In mobile home parks, landlords are required to help mobile home users relocate their mobile homes within 100 miles of the vacated mobile home park at the maximum cost of $7,500 for a single-section mobile home or $12,500 for a multisection home (33-1476.01)

Additional Rental Law Resources for the State of Arizona

These are some additional resources for tenants, landlords and property managers looking to find out more about Arizonan housing laws and requirements.

Name Phone Number Description
Arizona Residential Landlord and Tenant Act N/A The Arizona Residential Landlord and Tenant Act describes all the requirements of tenants and landlords set by the State of Arizona. It is a complete handbook of information.
Arizona Attorney General’s Office (602) 542-5025 The Arizona Attorney General’s Office enforces Arizona’s Fair Housing Act and educates the community on fair housing and the requirements set by the law.
Arizona Department of Housing (602) 771-1000 The Arizona Department of Housing was established in 2002 to provide community revitalization and housing to people within Arizona. It provides several assistance programs.

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.