Arizona Residential Lease Agreement: Free Template and ARLTA Rules

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Residential Lease Agreement (Arizona)

This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling unit in the State of Arizona between the Landlord and the Tenant(s) named below. It is governed by the Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1301 et seq. All blank spaces in this Lease must be completed before it is signed (§ 33-1322(E)).

1. Parties and Required Disclosures (A.R.S. § 33-1322)

Landlord: [Full Legal Name or Entity Name]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.

Person authorized to manage the Premises: [Name], [Address].

Owner, or person authorized to act for the owner for service of process and for receiving notices and demands: [Name], [Address].

The Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing’s website.

2. Premises

Address: [Street Address, Unit, City, Arizona, ZIP]
Type: ☐ Single-family home ☐ Apartment ☐ Condominium ☐ Townhome ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”] Appliances included: [List]
Pool or spa on the property: ☐ Yes ☐ No

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].

Either party may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date specified in the notice (§ 33-1375(B)). At the end of the fixed term, this Lease ☐ ends ☐ continues month to month, unless either party gives written notice at least [30] days before the end date. If the Tenant holds over willfully and not in good faith, the Landlord may recover up to two months’ rent or twice actual damages, whichever is greater (§ 33-1375(C)).

4. Rent

Monthly rent: $[Amount], due in advance on the [1st] day of each month without demand.
Where and how to pay: [Address, portal or account; accepted methods].
Rental tax: ☐ included in rent ☐ added to rent: [describe applicable transaction privilege tax].

5. Late Fee

If rent is not paid by the [5th] day of the month, the Tenant will pay a reasonable late fee of $[Amount] [plus $[Amount] per day, up to $[Amount]]. Returned payment fee: $[Amount].

6. Security Deposit and Fees (A.R.S. § 33-1321)

Refundable security deposit: $[Amount] Prepaid rent: $[Amount] Refundable pet deposit: $[Amount]
Total security and prepaid rent: $[Amount; no more than one and one-half month’s rent].

Nonrefundable fees and their purpose: [e.g., cleaning fee of $[Amount] for [purpose]; redecorating fee of $[Amount] for [purpose]]. Any fee or deposit not designated here as nonrefundable is refundable.

At move-in the Landlord has provided a signed copy of this Lease, a move-in form on which the Tenant may record existing damage, and this written notice: the Tenant may be present at the move-out inspection. On request, the Landlord will tell the Tenant when the move-out inspection will take place.

Within 14 days, excluding Saturdays, Sundays and legal holidays, after the tenancy ends, the Tenant delivers possession and the Tenant asks for the deposit, the Landlord will mail an itemized list of all deductions and any amount due to the Tenant, by first-class mail to the Tenant’s last known residence unless the Tenant arranges otherwise in writing.

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent. The Tenant may not sublet or assign this Lease without the Landlord’s prior written consent.

☐ [Optional] Emergency contact authorized to retrieve the Tenant’s property and animals if the Tenant dies or is incapacitated (§ 33-1314(E)): [Name, address, phone].

8. Utilities

Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities.

9. Maintenance and Repairs (A.R.S. §§ 33-1324, 33-1341)

The Landlord will keep the Premises fit and habitable, comply with building codes materially affecting health and safety, keep common areas clean and safe, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied appliances in good and safe working order. The Landlord will supply running water, reasonable hot water, and reasonable heat and air-conditioning or cooling where installed.

[Single-family residence only; optional] For adequate consideration, the Tenant agrees to perform the following: [e.g., garbage removal, yard care, pool maintenance, specified repairs] (§ 33-1324(C)).

The Tenant will keep the Premises clean and safe, dispose of waste properly, use appliances reasonably, not damage the Premises, and promptly notify the Landlord of needed repairs in writing [or through: [portal]].

10. Landlord’s Entry (A.R.S. § 33-1343)

The Landlord will give at least two days’ notice before entering and will enter only at reasonable times, except in an emergency or where notice is impracticable. A maintenance request from the Tenant is permission to enter for that request without separate notice. The Landlord will not abuse the right of access or use it to harass the Tenant.

11. Pets, Smoking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.
Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].
Rules and regulations, if any, are attached.

12. Renter’s Insurance

The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] liability coverage is required. ☐ It is recommended.

13. Bedbugs, Pool Safety and Lead-Based Paint

☐ The Landlord has given the Tenant bedbug educational materials (§ 33-1319; not required for a single-family residence). The Landlord does not know of a current bedbug infestation in the unit. The Tenant will not knowingly bring infested items into the unit and will notify the Landlord in writing or electronically of any bedbugs.

☐ The Premises include a swimming pool or other contained body of water. The Landlord has given the Tenant the pool safety notice approved by the Arizona Department of Health Services (§ 36-1681(E)).

☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.

14. Early Termination

A Tenant who is a victim of domestic violence, or of sexual assault in the dwelling, may terminate this Lease as provided in § 33-1318 by written notice requesting release on a mutually agreed date within 30 days, with a copy of a protective order or a law enforcement report, without early termination fees. A service member may terminate as allowed by federal law.

Other early termination: ☐ Not permitted except as required by law. ☐ Permitted on [Number] days’ written notice and payment of $[Amount]. The Landlord will make reasonable efforts to re-rent the Premises.

15. Default and Notices (A.R.S. § 33-1368)

If rent is unpaid when due, the Landlord may give written notice that this Lease will terminate if rent is not paid within five calendar days. Before a special detainer action is filed, this Lease is reinstated if the Tenant pays all past-due rent and the late fee stated in this Lease.

For other material noncompliance, the Landlord may give 10 days’ written notice to cure, or 5 days’ notice for noncompliance materially affecting health and safety. A breach that is material and irreparable may result in immediate termination as provided in § 33-1368(A).

The Landlord will not retaliate by increasing rent, decreasing services or seeking possession because the Tenant complained to a code enforcement agency, complained to the Landlord about the Landlord’s duties, or joined a tenants’ union (§ 33-1381).

16. General Terms

Governing law: Arizona. A provision waiving the Tenant’s rights under the Act, requiring the Tenant to pay the Landlord’s attorney fees other than to a prevailing party in court, limiting the Landlord’s legal liability, or restricting a call for police or emergency help is unenforceable (§ 33-1315).

Attorney fees: in any court action concerning this Lease, the prevailing party may be awarded reasonable attorney fees.

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by both parties.

17. Addenda

☐ Move-In Form ☐ Bedbug Information ☐ Pool Safety Notice ☐ Lead-Based Paint Disclosure ☐ Pet Addendum ☐ Rules and Regulations ☐ Other: [Description]

Signatures

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Move-In Form (A.R.S. § 33-1321(C))

Record any existing damage to the dwelling unit. Keep a signed copy.

Room or areaCondition and existing damage
[Living room][Describe]
[Kitchen and appliances][Describe]
[Bedroom 1][Describe]
[Bathroom][Describe]
[Other][Describe]

Landlord: ____________________ Date: __________ Tenant: ____________________ Date: __________

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Arizona Residential Lease Agreement: Free Template and ARLTA Rules

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Frequently asked · Arizona residential lease

Residential Lease Agreement (Arizona) · deposits and fees, move-in form, entry, unpaid rent, notices

Eight questions to settle before an Arizona landlord and tenant sign. The Arizona Residential Landlord and Tenant Act caps the deposit, requires nonrefundable fees to be named in writing, and sets short, strict deadlines for the move-out accounting and for notices of unpaid rent.

01 Deposit

How large can an Arizona security deposit be?

No more than one and one-half month's rent, counting prepaid rent and any security however it is named (A.R.S. § 33-1321(A)). A tenant may still choose to prepay more rent voluntarily.

Refundable pet deposits count toward the cap because they are security. During the tenancy a landlord may use refundable deposits as its property management agreement allows, but all refundable deposits must be accounted for at the end of the tenancy.

02 Fees

Can an Arizona landlord charge nonrefundable fees?

Yes, but the purpose of every nonrefundable fee or deposit must be stated in writing, and any fee or deposit not designated as nonrefundable is refundable (§ 33-1321(B)).

Section 6 of this template has a line for each nonrefundable fee and its purpose, such as a cleaning or redecorating fee. A late fee must be reasonable and stated in the written lease to be collected when a tenant reinstates the lease after a nonpayment notice (§ 33-1368(B)).

03 Deposit

When must the deposit be returned?

Within 14 days, excluding weekends and legal holidays, after the tenancy ends, the tenant delivers possession and asks for it, the landlord must mail an itemized list of deductions and any amount due to the tenant's last known residence (§ 33-1321(D)).

A landlord who fails to comply owes the amount wrongfully withheld plus damages equal to twice that amount (§ 33-1321(E)). If the tenant does not dispute the list within 60 days after it is mailed, the accounting becomes final. At move-in, the landlord must tell the tenant in writing of the right to attend the move-out inspection.

04 Disclosures

What must an Arizona landlord disclose at move-in?

In writing, the names and addresses of the manager and of the owner or owner's agent for notices and service, and that the Arizona Residential Landlord and Tenant Act is available on the Arizona Department of Housing's website (§ 33-1322).

The landlord also hands over a signed copy of the lease with every blank completed, and a move-in form for recording existing damage (§ 33-1321(C)). Apartment and multi-unit landlords must provide bedbug educational materials (§ 33-1319), and any rental with a swimming pool needs the Department of Health Services pool safety notice (§ 36-1681(E)).

05 Repairs

Who handles repairs in an Arizona rental?

The landlord must keep the premises fit and habitable, comply with building codes affecting health and safety, and keep supplied electrical, plumbing, heating and air-conditioning systems in good working order, including reasonable cooling where installed (§ 33-1324).

In a single-family home, the tenant may agree in writing, for adequate consideration, to handle garbage removal, the supply of water, heat or cooling, and specified repairs, but not work needed to fix code or habitability problems. In other buildings, such agreements need a separate signed writing.

06 Entry

How much notice before an Arizona landlord enters?

At least two days, and only at reasonable times, except in an emergency or where notice is impracticable (§ 33-1343(D)).

A tenant's service or maintenance request counts as permission to enter for that request, so no separate notice is needed. Otherwise the landlord has no right of entry without a court order or after abandonment or surrender.

07 Unpaid rent

How fast can a landlord act on unpaid rent?

After written notice, the tenant has five calendar days to pay before the landlord may terminate and file a special detainer action (§ 33-1368(B)).

Paying all past-due rent and the reasonable late fee in the lease before filing reinstates the lease; after filing, attorney fees and court costs are added. Other material breaches get a 10-day notice to cure, or 5 days for health and safety issues. Retaliation within six months after a code or repair complaint is presumed (§ 33-1381).

08 Ending

How does an Arizona lease end?

A month-to-month tenancy ends on written notice given at least 30 days before the periodic rental date named in the notice (§ 33-1375). A willful, bad-faith holdover can cost up to two months' rent or twice actual damages.

A victim of domestic violence, or of sexual assault in the dwelling, may end the lease on a mutually agreed date within 30 days with a protective order or police report, without early termination fees (§ 33-1318). Cities and towns may not impose rent control (§ 33-1329).

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