Under Arizona law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Arizona Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says.
In Arizona, landlords must rent out only properties which are habitable. When there’s a habitability issue, they must make needed repairs after receiving notice from the tenant. Here is a list of essential amenities that landlords are or are not responsible for in Arizona:
Item | Has to Provide? | Has to Fix/Replace? |
---|---|---|
Heating/AC | Yes (seasonally) | Yes |
Hot Water | Yes | Yes |
Kitchen Appliances | No | Yes |
Garbage Containers/Removal | Yes | Yes |
Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Yes |
Mold | N/A | Yes |
Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Arizona, repairs must be made within 5-10 days after getting written notice from tenants, depending on the issue. If repairs aren’t made in a timely manner, Arizona tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Arizona landlords are permitted to evict tenants for the following reasons:
Landlords are not allowed to evict tenants in retaliation or for discriminatory reasons.
It’s illegal for Arizona landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If an Arizona tenant wishes to break a periodic lease, then they must give the following amounts of notice:
Rent Payment Frequency | Notice Needed |
---|---|
Week-to-Week | 10 Days |
Month-to-Month | 30 Days |
Quarter-to-Quarter | No statute |
Year-to-Year | No statute |
Early Termination: Arizona tenants are permitted to legally break a lease early for the following reasons:
Tenants who are unable to break a lease for these reasons may be liable to pay the remainder of the lease. Arizona landlords must make a reasonable effort to re-rent a unit.
If an Arizona tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Arizona does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Arizona does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
If rent is paid monthly, landlords must give 30 days’ notice before increasing the rent. Tenants that pay rent weekly must be given 10 days’ notice before a rent increase.
Protected Groups: The Fair Housing Act makes it illegal to discriminate against tenants on the basis of race, color, national origin, familial status, sex, religion, or disability. These restrictions do not apply to some owner-occupied homes or homes operated by religious organizations. Arizona state law does not provide any additional protections to groups not outlined in the Fair Housing Act.
Discriminatory Acts & Penalties: Arizona’s Department of Housing has outlined several behaviors that may be considered discriminatory if directed at a member of a protected class:
Arizona law does not outline specific punishments for housing discrimination. Each complaint is handled on a case-by-case basis by the Arizona Attorney General Civil Rights Division.
In addition to having laws that address general issues like repairs and security deposits, most states, including Arizona, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlords in Arizona have the right to enter rental property for inspections, maintenance, and property showings. They usually must provide at least 2 days’ advance notice before entering an occupied property, unless there’s an emergency threatening the safety or well-being of the tenant.
The following laws apply to the collection of rent and related fees.
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $3,500. The process takes approximately three to four months.
Arizona landlords must provide these mandatory disclosures:
Landlords in Arizona are prohibited from changing the locks as a form of eviction. Tenants can change locks themselves if the lease doesn’t prohibit it. They can also require (at their own expense) a lock change from the landlord upon request, if they are victims of domestic abuse.
When an Arizona landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in Arizona have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Can a Tenant Change the Locks in Arizona? Tenants in Arizona can change locks on their own, if the rental agreement doesn't prohibit it. If tenants have been victims of certain crimes, they can also (at their own expense) require the landlord to rekey for them. Read more » What Are a Tenant’s Rights in Arizona? Tenants in Arizona enjoy, among other rights, the right to receive 2 days’ notice before landlord entry and the right to cancel the rental agreement or sue the landlord if repairs aren't made within the proper time after written notice (5 or 10 days, depending on the issue). Read more » Is Arizona a “Landlord Friendly” State? Arizona is one of the more landlord-friendly states in the country because landlords have relatively few restrictions on setting rent values and terminating leases for-cause. Arizona’s eviction process is also easy for landlords to facilitate. Read more » Can a Landlord Enter Without Permission in Arizona? Arizona landlords must provide at least 2 days’ prior notice before entering an inhabited unit. Landlords may enter without permission if there is an emergency that threatens the safety or well-being of the tenant. Read more »