Does the Landlord Tenant Act apply to me?
The Act, Arizona Revised Statutes Sections 33-1301 to 33-1381, applies to the renting of a
residential dwelling unit, i.e. a house or an apartment.
Are there any exceptions to Landlord Tenant Act?
Yes. If you rent a mobile home, you are covered by the Arizona Mobile Home Parks Residential
Landlord and Tenant Act, A.R.S. §§33-1401 to 33-1491. In addition, A.R.S. §33-1308 lists seven
exceptions, including such rentals of dormitory rooms, fraternity or sorority houses, hotel
rooms and public housing.
What must a landlord provide to a tenant upon move-in?
1. A landlord must disclose in writing the name and address of the property manager and
owner or owner’s agent.
2. Landlords must give notice that copies of the full text of the Arizona Residential Landlord
and Tenant Act are available for free from the Arizona Secretary of State’s office.
3. A landlord must provide the tenant with a move-in inspection form to record any existing
damage to the residence.
4. Landlords who rent property with access to a swimming pool must provide the tenant with a pool safety notice.
5. A landlord is required by federal law to give notice of any lead-based pain on the rental
premises.
6. A landlord can require a security deposit, but it cannot exceed one and one-half the monthly
rent, plus the first month’s rent. Security deposits are refundable unless the landlord sustains
damages due to the tenancy. Non-refundable charges for cleaning or re-decorating the unit
must be stated as non-refundable and are not security deposits.
7. In general, landlords must provide safe, clean and habitable residences. This includes
compliance with building codes concerning health and safety, maintaining appliances in
working order, providing running water with reasonable amounts of hot water and heating and
air conditioning in working order when required by the weather.
8. In general, tenants have a duty to maintain the dwelling unit. This includes compliance with
building codes, keeping his/her part of the unit clean, using appliances reasonably and not
deliberately or negligently destroying, damaging or removing any part of the lease premises.
The above information is NOT a comprehensive guide or discussion of the Arizona Residential
Landlord and Tenant Act. You should obtain the advice of any attorney as to you specific
situation.
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