Free Arizona Rental Lease Agreement


Sample Arizona Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Arizona, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Arizona, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Arizona.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Arizona (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Arizona, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Arizona, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: _____________of _____________, 20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Arizona, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Arizona Rental Lease Agreement

Do you know everything there is to know about the rental lease agreements applicable in Arizona? Every state has its set of rules that govern its landlords and tenants. Therefore, before you sign any lease rental contracts, beware of the rules that govern rental lease agreements in Arizona.

  • The official Landlord-Tenant Laws include:

    • Landlord and Tenant laws – Ariz. Rev. Stat. Ann. 33-301 to 33-381

    • Forcible entry or detainer – Ariz. Rev. Stat. Ann.12-1171 to 12-1183

    • Recovery of possession – Ariz. Rev. Stat. Ann. 33-1301 to 33-1381

    • You can also obtain more information from the Arizona Residential Landlord and

      Tenant Act of 2013 and the Arizona Mobile Home Parks Residential Landlord and Tenant Act.

Security Deposit

To understand the laws surrounding the Security deposits in your Rental Lease Agreement Arizona, this article will answer all your questions:

What is the maximum security deposit?

In your agreement, the landlord cannot demand more than one and one-half of the month’s rent for the deposit plus prepaid rent in combination.

However, this condition doesn’t prohibit you, the tenant from paying more than one and one-half the month’s rent in advance, voluntarily.

Is there a statute stipulating the security deposit interest?

No.

What are the laws governing non-refundable fees?

The non-refundable fees are allowed in the lease agreement but, the fees should be specially designated in the written lease agreement.

Should the landlord set up a separate security deposit bank account?

No, there is no statute stipulating this.

Are there laws governing the pet deposits and additional fees?

Yes. But, the total deposit shouldn’t exceed the limits of one and one-half the month’s rent.

What is the deadline for returning the security deposit?

In the lease agreement, the landlord should return the deposit in 14 days.

Should there be a written description or an itemized list of the damages plus the associated charges? Yes.

Is there a statute that requires record-keeping of the deposit withholdings?

No.

What happens when a landlord fails to comply with the agreement?

In case the landlord fails to comply with the rules stipulated in Ariz. Rev. Stat. Ann. §§ 33-1321(D), the tenant (you) can recover the property, and the money due as well as the damages in an amount that is equal to twice the total amount withheld wrongfully.

Lease, Fees, and Rent

When is rent due?

The rent is payable without demand/ notice at the time and places the tenant, and the landlord agrees upon. Unless there is another agreement, the rent is payable at the dwelling unit while the periodic rent is payable at the beginning of any term – one month, or less and, otherwise in equal monthly installments agreed at the beginning of every month. According to the statutes, unless agreed otherwise, the rent is uniformly apportionable daily.

Is there a statute governing rent increase notices?

No.

Is a rent grace period allowed?

There is no grace period statute for residential dwellings but, there is a 5-day grace period for mobile homes.

Are late fees applicable?

There is no statute stipulating late fees applicable to residential dwellings. However, the Arizona Rental Lease agreements allow for late fees not exceeding five dollars per day for the mobile home dwellers.

What are the rules governing prepaid rent?

A landlord cannot demand from the tenants more than one and one-half the month’s rent for the total deposit plus any prepaid rent, combined. But, this doesn’t prohibit a tenant from paying more than one and one-half the month’s rent in advance, voluntarily.

Any statute on returned check fees?

No.

Can tenants withhold rent for the landlord’s failure to provide essential services like water and heat?

Yes.

Do the Arizona lease agreements allow tenants to repair and deduct rent?

Yes. However, this should be done with proper notice, plus a 10-day waiting period for non-emergency cases. The rent withheld shouldn’t exceed $300 or one and one-half the monthly rent: whatever is greater.

Can the landlord recover court and attorney fees?

Yes

Should the landlord make a reasonable attempt to mitigate damages to the tenant/ lessee, including attempts to re-rent?

Yes.

Notices and Entry

Should the tenant give the notice to terminate tenancy for fixed-end-date leases?

No notice is necessary since the lease will expire.

Should the tenant issue notice to terminate a tenancy in month-to-month leases?

Yes, 30 days or more, from the expiry of the lease.

Should the tenant issue notice to terminate a tenancy in week-to-week leases?

Yes, a 10-day notice from the lease’ expiry is required.

What are the laws governing tenant holdover?

If the tenant remains in possession without the landlord’s consent, and after the expiration of the term of the rental lease agreement or the lease’s termination, the landlord may take possession, and also if the tenant’s holdover is willful but not in good faith, the landlord may recover an amount that is equal to, but not more than two months’ worth of periodic rent, or twice the actual damages the landlord sustains – whichever is greater.

What happens during the notice of date/ time of moveout inspection?

Upon the request of the tenant, the landlord should perform a move-out inspection. In case of a tenant’s eviction for material and irreparable breaches, and if the landlord has a reasonable cause to fear violence or even intimidation from the tenant, then, the landlord has no obligation to carry out a joint inspection with that tenant. In this case, the landlord should provide written notification to the tenant: that the tenant may be present during the move-out inspection.

About lease terminations and notices to quit:

In case of lease termination for non-payment – the tenant has five days to quit or remedy.

Termination because of lease violation – in this case, the tenant has ten days to quit or remedy. But, in case of non-compliance, a 5-days’ notice is necessary. Section 33-1341 highlights and materially affects health and safety.

Termination of lease for fraud (falsification of information) – if a tenant has a falsified criminal record, has previous eviction records, or is currently involved in criminal activity, a 10-days’ notice is required for termination of the lease.

Is immediate lease termination allowed?

  • Yes. This applies if the tenant is responsible for illegally discharging a weapon

    • If involved in a homicide (sections 13-1102 through to 13-1105)

    • If he or she engages in prostitution as defined in section 13-3211

    • If the tenant engages in criminal street gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308.

    • If the tenant engages in unlawful manufacturing, possessing, transfer, and storage of controlled substances (section 13-3451)

    • If tenant intimidates or threatens landlord and other occupants – section 13-1202

    • Also, immediate termination is acceptable if the tenant is accused of assault or if they act in a manner that constitutes a nuisance. If they are in breach of the lease agreement in a way that jeopardizes the safety, health and the welfare of the landlord.

What is the duration of the notice of entry?

Two days

Is entry allowed for notice for non-emergency maintenance and repairs?

Yes.

Is emergency entry allowed without any notice?

Yes.

Is entry allowed during a tenant’s extended absence?

No

Is there a statute on use of pesticides?

No.

Are lockouts allowed?

No,

Is utility shut-off allowed?

No. In cases where the landlord fails to comply, you may recover an amount not exceeding two months’ periodic rent or the cost of twice the actual damages sustained by the landlord – whichever is greater. And, if the tenant terminates the lease. As a result, the landlord has to return the full amount of the security deposit.

Disclosures and Miscellaneous Notes

Under the lease agreement, this section outlines details like the landlord responsibilities, tenant responsibilities, names and addresses, move-in documents, recording of the rental property, and the disclosure of the landlord and tenant act. It also includes information on educational bedbug information, and domestic violence situations, tenant’s personal property and assumption of retaliation.

Laws on business licenses

There are no state-wide statutes on business licenses required.

For an efficient application process, you can get our Arizona Rental Lease Agreement form available here.

Sample

AZ Rental Lease Agreement

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