BuildMyLease › Blog › Arizona

Arizona Procedural

Arizona landlord-tenant law (2026): a guide from lease to move-out

Almost every rule that governs a residential rental in Arizona lives in one statute: the Arizona Residential Landlord and Tenant Act (ARLTA), A.R.S. Title 33, Chapter 10. It is short by landlord-tenant standards, it is mostly landlord-friendly, and it is strict about a handful of details that small landlords tend to learn the expensive way: the deposit cap, the move-in paperwork, the notice periods, and the deposit return.

This guide walks through the Act in the order you'll meet it as a landlord: before you list, the application, the lease, move-in, the tenancy itself, problems, and move-out. It also covers what changed recently. Since January 1, 2025 cities can no longer tax residential rents. Since September 12, 2026 there is a faster court process for squatters, and landlords have a new deadline for filing a satisfaction of judgment. Every rule below cites the statute it comes from, so you can check it yourself.

Arizona at a glance

Topic The rule Statute
Security deposit cap 1.5 months' rent, including prepaid rent A.R.S. § 33-1321(A)
Deposit return 14 days, excluding weekends and holidays, after the tenancy ends, possession is returned and the tenant asks § 33-1321(D)
Wrongful withholding Money owed plus twice the amount wrongfully withheld § 33-1321(E)
Landlord entry At least 2 days' notice, at reasonable times § 33-1343(D)
Late rent notice 5 calendar days to pay § 33-1368(B)
Lease violation notice 10 calendar days to cure § 33-1368(A)
Month-to-month ending 30 days' written notice, ending on a rent date § 33-1375(B)
Rent control None; cities and towns are barred from adopting it § 33-1329
Late fee cap / grace period None by statute; the fee must be in the lease and reasonable § 33-1368(B)

Before you list

Register the property with the county assessor. Arizona requires every residential rental to be registered with the assessor of the county it sits in: owner name, address and phone, the property address and parcel number, and the year built (A.R.S. § 33-1902). Update it within 10 days of any change. Owners who live out of state must name an in-state statutory agent. The assessor may charge up to $10. The statute says a rental "shall not be occupied" until the information is on file. Cities can fine owners who skip it: up to $150 a day in most cases, or $1,000 plus $100 a month for property bought after the annual valuation notice. The fine is dropped if you comply within 10 days of a complaint.

City rental tax is gone. From January 1, 2025, no city or town may levy a transaction privilege (sales) tax on residential rent (A.R.S. § 42-6004(H), from SB 1131 of 2023). The Arizona Department of Revenue says owners should stop collecting and remitting city tax on stays of 30 days or more. Stays under 30 days are transient lodging and are still taxable. Registration with the assessor is still required.

No rent control. Rent on private residential property is preempted by the state: "Cities, including charter cities, or towns shall not have the power to control rents" (A.R.S. § 33-1329). Property owned, financed, insured or subsidized by a state agency or a city is the exception.

Fair housing. The Arizona Fair Housing Act protects race, color, religion, sex, familial status, national origin and disability (A.R.S. §§ 41-1491.14, 41-1491.19), the same classes as federal law. Two points matter in practice:

  • You may not refuse families with children or advertise "no children" (A.R.S. § 33-1317), outside qualifying housing for older persons. The same statute presumes two persons per bedroom is a reasonable occupancy limit.
  • Phoenix and Tucson also prohibit source-of-income discrimination by city ordinance. Housing Choice Vouchers (Section 8), rental assistance, Social Security and other benefits count. Phoenix lists "No Section 8" in an ad as a violation. Phoenix also covers sexual orientation, gender identity and gender expression. There is no statewide source-of-income rule.

Screening and application fees

Arizona has no statute capping or regulating application or screening fees. Bills to cap them failed in 2025 and 2026. Two rules still touch fees you collect up front:

  • Nonrefundable means written. "The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is refundable" (§ 33-1321(B)). An unlabeled "cleaning fee" or "admin fee" is refundable.
  • Lies on the application have consequences. Material falsification on a rental application is a breach the tenant can usually cure. Falsifying criminal records, prior evictions or current criminal activity is not curable (§ 33-1368(A)). Keep the signed application.

Screening criteria have to be applied the same way to everyone. In Phoenix and Tucson, an income test that treats voucher income as if it didn't count can be source-of-income discrimination.

Writing the lease

ARLTA is short on mandatory lease clauses and specific about a few. Before or at the start of the tenancy you must give the tenant, in writing:

  • Who manages and who owns. The name and address of the person authorized to manage the property, and of an owner, or of someone authorized to receive legal papers and notices for the owner (A.R.S. § 33-1322(A)). Keep it current. Anyone who manages the property without giving this information becomes the landlord's agent for legal service.
  • Where the Act lives. You must tell the tenant in writing that the Act is available on the Arizona Department of Housing's website (§ 33-1322(B)). Older templates point to the Secretary of State. That changed in 2012.
  • No blank spaces. "A written rental agreement shall have all blank spaces completed" (§ 33-1322(E)). A blank is a material noncompliance by whoever left it.

Terms you can't use. A lease may not waive the tenant's rights under the Act, excuse the landlord from liability, or limit a tenant's right to call the police or emergency help. It also can't make the tenant pay the landlord's attorney fees, except through a written clause awarding fees to whichever side prevails in court (A.R.S. § 33-1315). That mutual "prevailing party" clause is allowed, not required. Knowingly using a prohibited term costs actual damages plus up to two months' rent.

Late fees. There is no statutory cap and no grace period in Arizona. Rent is due "without demand or notice" on the agreed date (§ 33-1314(C)). A late fee is recoverable when it is "a reasonable late fee set forth in a written rental agreement" (§ 33-1368(B)). So write it into the lease, and keep it reasonable. Percentages you'll see online (5%, 10%) are not Arizona law.

Utilities billed through you. If you bill tenants for water, gas, electricity, sewer or trash through submetering or a ratio billing system (RUBS), the lease must list the separately charged utilities and the administrative fee. For RUBS it must also describe the allocation method (A.R.S. § 33-1314.01). The admin fee may cover actual costs only. Existing tenants need 90 days' notice before you start.

Other disclosures that can apply:

  • Bedbug educational materials, for anything other than a single-family residence (§ 33-1319). You also may not rent a unit you know has a current infestation.
  • A foreclosure notice in the statutory form, if you sign a lease after a foreclosure has started (§ 33-1331).
  • The federal lead-based paint disclosure for housing built before 1978.

Move-in money

The deposit cap is 1.5 months' rent, and prepaid rent counts toward it. "A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than one and one-half month's rent" (§ 33-1321(A)). On $2,000 a month, the deposit plus any prepaid rent (a "last month's rent", for example) can't exceed $3,000. A $2,000 deposit plus $2,000 of last month's rent is over the cap.

Two details people miss:

  • A tenant may voluntarily pay more than 1.5 months in advance. You just can't require it.
  • A reasonable cleaning or redecorating charge is not "security" (§ 33-1310). It still needs to be designated nonrefundable in writing if you intend to keep it.

Move-in day

§ 33-1321(C) requires three things at move-in:

  1. A signed copy of the lease.
  2. A move-in form on which the tenant can list existing damage.
  3. Written notice that the tenant may be present at the move-out inspection. If the tenant asks, you must tell them when the inspection will be.

Do the walk-through together, date the form, and take photos. That form is your evidence when the deposit comes back. You may also ask the tenant for an emergency contact authorized to collect belongings and pets if the tenant dies or becomes incapacitated (§ 33-1314(E)).

During the tenancy

Entry. Except in an emergency, or where it's impracticable, give "at least two days' notice" and enter only at reasonable times (§ 33-1343(D)). The statute doesn't say the notice must be written. Many leases require it anyway, and written notice is easier to prove. When a tenant submits a maintenance request, that request is permission to enter for that repair (§ 33-1343(B)). Abusing the right of entry can cost at least one month's rent in damages (§ 33-1376(B)).

Repairs and habitability. You must keep the unit fit and habitable. That includes building codes, common areas, plumbing, electrical, heat, running and hot water, and "reasonable air-conditioning or cooling" where you supply it (§ 33-1324). In a single-family residence you and the tenant can agree in good faith, in writing, that the tenant handles some utilities and specified repairs. You can't shift work needed to fix code or habitability problems.

If you don't fix a problem after the tenant's written notice, the tenant has remedies:

  • Repair and deduct. For a repair costing less than $300 or half a month's rent, whichever is greater, that you haven't made within 10 days of written notice, the tenant may hire a licensed contractor and deduct the cost after giving you an itemized statement and a lien waiver (§ 33-1363).
  • Essential services. If water, heat, cooling, gas or electricity fails, the tenant may buy the service and deduct it, claim reduced rent, or move to substitute housing with rent excused (§ 33-1364).
  • No utility shutoffs. You may never shut off utilities to pressure a tenant (§ 33-1364(C)).

Partial rent. You don't have to accept a partial payment. If you do accept one and want to keep your right to evict, the tenant must sign a contemporaneous written agreement with the date the balance is due (A.R.S. § 33-1371). Otherwise, accepting rent while you know about a default waives your right to terminate for it.

Retaliation. You may not raise rent, cut services or threaten eviction because a tenant complained to a code agency or to you about repairs. A complaint within the prior 6 months creates a presumption of retaliation (A.R.S. § 33-1381). Evicting for unpaid rent is still allowed.

Domestic violence. A tenant who is a victim of domestic violence, or of sexual assault in the unit, can be released from the lease on a mutually agreed date within the next 30 days. They must give written notice with a protective order or police report, and the incident must have happened within the prior 30 days unless you waive that. No early-termination fee is allowed (A.R.S. § 33-1318).

Assistance animals. Service and emotional-support animals are a reasonable-accommodation issue, not a pet-policy one. Since 2025, a landlord who allows one as an accommodation is not liable for injuries or damage it causes (A.R.S. § 41-1491.38).

When rent is late or the lease is broken

Situation Notice Can the tenant fix it?
Unpaid rent 5 days Yes, by paying rent plus the lease's reasonable late fee before you file. After filing, they must also pay your court costs and fees.
Material lease violation 10 days Yes. Exception: lies about criminal or eviction history
Violation affecting health and safety 5 days Yes, if it can be remedied
Same violation again in the lease term 10 days, then file No second cure
Material and irreparable breach (violence, drug crime, a weapon discharged, serious property damage, among others) Immediate No

All of these are calendar days: "'days' means calendar days" (§ 33-1368(G)). The deposit deadline is the one that skips weekends. A notice sent by certified or registered mail is treated as received on actual receipt or five days after mailing, whichever comes first (§ 33-1313). Hand delivery avoids the wait.

The court timeline. An eviction in Arizona is a "special detainer" case. The statute sets these steps (A.R.S. §§ 33-1377, 12-1178):

  1. The summons issues when you file. Trial is set 3 to 6 days from the summons.
  2. For a material and irreparable breach, trial is by the third day after filing.
  3. After judgment for unpaid rent, the writ of restitution (the order to remove the tenant) can't issue for 5 calendar days.

Court calendars vary, so treat these as the statute's minimums, not a promise. The judgment can include rent, the late charges stated in your lease, court costs and attorney fees.

New in 2026: file the satisfaction. When a former tenant pays an eviction money judgment in full, you must file a satisfaction of judgment within 40 days. If the tenant moves to compel it and you don't respond within 15 days, the court treats the judgment as satisfied and may seal the eviction record (HB 2244, A.R.S. §§ 12-1567, 22-247, effective September 12, 2026).

Never use self-help. Changing the locks, removing belongings or cutting utilities to force a tenant out is prohibited (§ 33-1374). The tenant can recover two months' rent or twice their actual damages, whichever is greater, and either regain possession or end the lease (§ 33-1367). Utilities may be cut only after a writ is executed, by the utility.

Squatters: what the 2026 law does and doesn't do

You may have read that Arizona lets police remove squatters on the owner's affidavit. It doesn't. That was SB 1129 (2024), which was vetoed. Another 2024 bill often described online as a squatter law was rewritten into an unrelated act before it passed.

What is law, since September 12, 2026, is SB 1426. It creates a faster court process against an unauthorized occupant who entered by force and refuses to leave after a reasonable request (A.R.S. § 12-1173). After judgment, the writ issues immediately. It applies only if the occupant is not a current or former tenant, had no agreement to live with you, and is not immediate family. Its own text says it does not change landlord-tenant remedies. A tenant who stops paying or won't leave at the end of a lease is still evicted through the notices and special detainer process above.

Separately, a guest who isn't on the lease and stays without permission "is not a lawful tenant" and can be removed by police at the tenant's or landlord's request (A.R.S. § 33-1378).

Ending a tenancy

  • Fixed-term lease: ARLTA has no statutory notice requirement to end a lease on its end date. Your lease controls, so say in it what notice you want.
  • Month-to-month: at least 30 days' written notice, ending on a rent due date (§ 33-1375(B)). If rent is due on the 1st and you give notice on March 10, the earliest end date is the May 1 rent date. April 1 is less than 30 days away.
  • Week-to-week: at least 10 days' written notice (§ 33-1375(A)).
  • No lease term at all: a tenancy with no fixed term is month-to-month. A roomer who pays weekly is week-to-week (§ 33-1314(D)).

Holdover. A tenant who stays past the end of the term without your consent can be evicted. If they stay willfully and in bad faith, you can recover up to two months' rent or twice your actual damages, whichever is greater. If you consent in writing to them staying, the tenancy becomes month-to-month (§ 33-1375(C)).

Rent increases. Arizona has no statutory rent-increase notice period and no cap. During a fixed term, rent is whatever the lease says. For a month-to-month tenancy, landlords change terms with notice matching the 30-day termination rule above. That's practice, not a separate statute. An increase can't be retaliatory.

Move-out and the deposit

The return deadline is 14 days, excluding Saturdays, Sundays and legal holidays. The clock starts only once all three of these have happened (§ 33-1321(D)):

  1. the tenancy has ended,
  2. the tenant has returned possession (keys back, unit vacated), and
  3. the tenant has demanded the deposit.

By then you must send an itemized list of all deductions with any refund. Mail it first class to the tenant's last known address unless you've agreed otherwise in writing. If the tenant doesn't dispute the list within 60 days of mailing, it is deemed valid and final.

You can deduct unpaid rent, charges set out in the signed lease, and damage the tenant caused beyond normal wear (§ 33-1341). Get the list wrong or late and the tenant recovers what's owed plus twice the amount wrongfully withheld (§ 33-1321(E)). Our free deposit return letter generator drafts the itemized list.

Abandoned units. If a tenant disappears, Arizona has a defined abandonment process with posted and mailed notices and a 14-day hold on belongings (A.R.S. § 33-1370). Follow it rather than treating the unit as empty.

Renting a room in your own home

Many guides say the Act doesn't cover a room in a house you live in. The statute has no such exemption. A.R.S. § 33-1308 excludes hotels, motels and recreational lodging, employer housing, condo owners, institutions and a few other cases. It does not exclude an owner-occupant renting a room. The Act even defines a "roomer," and makes a weekly-paying roomer with no fixed term a week-to-week tenant (§§ 33-1310, 33-1314(D)). Whether a given arrangement is a tenancy depends on its facts. But plan as if the Act applies: deposit cap, move-in form, notices and all.

Practical points for a room rental:

  • Put it in writing. Use a lease that matches the arrangement (often month-to-month), plus a house-rules addendum covering shared spaces, kitchen use, guests, quiet hours and parking.
  • Fair housing is narrower in your own home. The state Fair Housing Act exempts renting rooms in a dwelling of four or fewer units if you live in one of them (A.R.S. § 41-1491.02). The ban on discriminatory advertising still applies (§ 41-1491.15), so word the listing carefully.
  • The "30 days" number is a tax rule. It decides whether a stay is taxed as transient lodging. It doesn't decide whether the landlord-tenant Act applies. Mid-term furnished stays of 30 days or more fall under the residential-rental tax exemption above.

Moving from California? What's different

California Arizona
Deposit cap 1 month's rent (2 months for qualifying small landlords) 1.5 months, including prepaid rent
Deposit return 21 calendar days after move-out 14 days excluding weekends and holidays, after the tenant's demand
Rent cap AB 1482: 5% + CPI, max 10%, many exemptions None; cities preempted
Just cause Required after 12 months (AB 1482) No just-cause rule for ending a month-to-month
Pay-or-quit 3 days, excluding weekends and court holidays 5 calendar days
Required lease extras Many state and local disclosures Few, but specific: owner and manager, the Act's location, move-in form, right to attend move-out inspection

Arizona is simpler, and the eviction process is faster. Two Arizona details trip up Californians. The deposit clock doesn't start until the tenant asks for it. And the Department of Housing disclosure has no California equivalent. See our California security deposit guide and AB 1482 explainer for the California side.

An Arizona landlord's checklist

  • Property registered with the county assessor; in-state agent named if you live out of state
  • Listing free of discriminatory wording (Phoenix and Tucson: no "No Section 8")
  • Nonrefundable fees labeled as nonrefundable, with their purpose, in writing
  • Deposit plus prepaid rent ≤ 1.5 months' rent
  • Lease names the manager and an owner or agent, has no blanks, states any late fee, and lists any billed utilities
  • Written notice that the Act is on the Arizona Department of Housing's website
  • At move-in: signed lease copy, move-in damage form, written right-to-attend-move-out notice, bedbug materials if not a single-family residence
  • Entry with at least 2 days' notice
  • Notices counted in calendar days; never lock out or cut utilities
  • Deposit itemized and returned within 14 days (excluding weekends and holidays) once the tenant has moved out and asked for it

A lease built for Arizona handles most of this up front. Build an Arizona lease. It applies the 1.5× deposit cap, the 14-day itemized return, the move-in checklist, the 2-day entry notice, the 5- and 10-day notice tiers and the 30-day month-to-month rule. For other states, see our security deposit laws by state and eviction notice laws by state comparisons.

Statutory references

  • A.R.S. § 33-1308 — exclusions from the Act. Official text
  • A.R.S. § 33-1314, § 33-1314.01 — rent terms, tenancy defaults, utility submetering and RUBS. Official text · § 33-1314.01
  • A.R.S. § 33-1315 — prohibited lease terms; prevailing-party fee clauses. Official text
  • A.R.S. § 33-1317 — children; two-per-bedroom occupancy presumption. Official text
  • A.R.S. § 33-1318 — domestic violence early termination. Official text
  • A.R.S. § 33-1319 — bedbugs. Official text
  • A.R.S. § 33-1321 — deposit cap, nonrefundable fees, move-in form, 14-day itemized return, 2× damages. Official text
  • A.R.S. § 33-1322 — owner and manager disclosure; the Act on the Department of Housing website; no blank spaces. Official text
  • A.R.S. § 33-1324 — landlord's duty to maintain. Official text
  • A.R.S. § 33-1329 — rent control preempted. Official text
  • A.R.S. § 33-1343 — access and entry notice. Official text
  • A.R.S. §§ 33-1363, 33-1364 — repair and deduct; essential services. § 33-1363 · § 33-1364
  • A.R.S. §§ 33-1367, 33-1374 — self-help prohibited and its penalty. § 33-1367 · § 33-1374
  • A.R.S. § 33-1368 — 5-day, 10-day and immediate notices; calendar days. Official text
  • A.R.S. § 33-1371 — partial payments. Official text
  • A.R.S. § 33-1375 — periodic tenancies and holdover. Official text
  • A.R.S. § 33-1377, § 12-1178 — special detainer timeline and writ of restitution. § 33-1377 · § 12-1178
  • A.R.S. § 33-1381 — retaliation. Official text
  • A.R.S. § 33-1902 — rental registration with the county assessor. Official text
  • A.R.S. § 42-6004(H) — no city tax on residential rent from January 1, 2025. Official text · Arizona Department of Revenue guidance
  • A.R.S. § 12-1173 — unlawful occupants (SB 1426, effective September 12, 2026). Official text
  • HB 2244 (2026) — satisfaction of eviction judgments within 40 days. Chaptered law
  • A.R.S. §§ 41-1491.02, 41-1491.14, 41-1491.15, 41-1491.38 — Arizona Fair Housing Act exemptions, protected classes, advertising, assistance-animal immunity. § 41-1491.14 · § 41-1491.38
  • City of Phoenix fair housing ordinance (source of income). City of Phoenix · City of Tucson source-of-income ordinance. City of Tucson