Sample Arizona Rental Lease Agreement
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.
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?
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?
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?
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?
Can tenants withhold rent for the landlord’s failure to provide essential services like water and heat?
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?
Should the landlord make a reasonable attempt to mitigate damages to the tenant/ lessee, including attempts to re-rent?
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?
Is entry allowed for notice for non-emergency maintenance and repairs?
Is emergency entry allowed without any notice?
Is entry allowed during a tenant’s extended absence?
Is there a statute on use of pesticides?
Are lockouts allowed?
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.
AZ Rental Lease Agreement
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