ARIZONA REVISED STATUTES
TITLE 33. PROPERTY
CHAPTER
10. ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
ARTICLE 1. GENERAL
PROVISIONS
§ 33-1301.
Short title
This chapter shall
be known and may be cited as the Arizona residential landlord
and tenant act.
§ 33-1302.
Purposes
Underlying purposes
and policies of this chapter are:
1. To simplify,
clarify, modernize and revise the law governing the rental of
dwelling units and the rights and obligations of landlord and
tenant.
2. To encourage
landlord and tenant to maintain and improve the quality of housing.
§ 33-1303.
Supplementary principles of law applicable
Unless displaced
by the provisions of this chapter, the principles of law and
equity, including the law relating to capacity to contract, mutuality
of obligations, principal and agent, real property, public health,
safety and fire prevention, estoppel, fraud, misrepresentation,
duress, coercion, mistake, bankruptcy or other validating or
invalidating cause supplement its provisions.
§ 33-1304.
Applicability of chapter
This chapter shall
apply to the rental of dwelling units. Any conflict between the
provisions of chapter 3 and chapter 7 of this title with the
provisions of this chapter shall be governed by the provisions
of this chapter.
§ 33-1305.
Administration of remedies; enforcement
A. The remedies
provided by this chapter shall be so administered that the aggrieved
party may recover appropriate damages. The aggrieved party has
a duty to mitigate damages.
B. Any right or
obligation declared by this chapter is enforceable by action
unless the provision declaring it specifies a different and limited
effect.
§ 33-1306.
Settlement of disputed claim or right
A claim or right
arising under this chapter or on a rental agreement, if disputed
in good faith, may be settled by agreement.
§ 33-1307.
Territorial application
This chapter applies
to, regulates, and determines rights, obligations and remedies
under a rental agreement, wherever made, for a dwelling unit
located within this state.
§ 33-1308.
Exclusions from application of chapter
Unless created
to avoid the application of this chapter, the following arrangements
are not covered by this chapter:
1. Residence at
an institution, public or private, if incidental to detention,
the provision of medical, educational, counseling or religious
services or the provision of a social service program that is
provided by a social service provider. For the purposes of this
paragraph, "social service provider" means a private
entity that directly assists an individual or family in obtaining
housing and that offers to provide the individual or family with
assistance in obtaining employment, child care, health care,
education, skills training, transportation, counseling or any
other related service.
2. Occupancy under
a contract of sale of a dwelling unit or the property of which
it is a part, if the occupant is the purchaser or a person who
succeeds to his interest.
3. Occupancy by
a member of a fraternal or social organization in the portion
of a structure operated for the benefit of the organization.
4. Transient occupancy
in a hotel, motel or recreational lodging.
5. Occupancy by
an employee of a landlord as a manager or custodian whose right
to occupancy is conditional upon employment in and about the
premises.
6. Occupancy by
an owner of a condominium unit or a holder of a proprietary lease
in a cooperative.
7. Occupancy in
or operation of public housing as authorized, provided or conducted
under or pursuant to title 36, chapter 12, or under or pursuant
to any federal law or regulation.
§ 33-1309.
Jurisdiction and service of process
A. The appropriate
court of this state may exercise jurisdiction over any landlord
with respect to any conduct in this state governed by this chapter
or with respect to any claim arising from a transaction subject
to this chapter. In addition to any other method provided by
rule or by statute, personal jurisdiction over a landlord may
be acquired in a civil action or proceeding instituted in the
appropriate court by the service of process in the manner provided
by this section.
B. If a landlord
is not a resident of this state or is a corporation not authorized
to do business in this state and engages in any conduct in this
state governed by this chapter, or engages in a transaction subject
to this chapter, he may designate an agent upon whom service
of process may be made in this state. The agent shall be a resident
of this state or a corporation authorized to do business in this
state. The designation shall be in writing and filed with the
secretary of state. If no designation is made and filed or if
process cannot be served in this state upon the designated agent,
process may be served upon the secretary of state, but the plaintiff
or petitioner shall forthwith mail a copy of the process and
pleading by registered or certified mail to the defendant or
respondent at his last reasonably ascertained address. In the
event there is no last reasonably ascertainable address and if
the defendant or respondent has not complied with section 33-1322,
subsections A and B, then service upon the secretary of state
shall be sufficient service of process without the mailing of
copies to the defendant or respondent. Service of process shall
be deemed complete and the time shall begin to run for the purposes
of this section at the time of service upon the secretary of
state. The defendant shall appear and answer within thirty days
after completion thereof in the manner and under the same penalty
as if he had been personally served with the summons. An affidavit
of compliance with this section shall be filed with the clerk
of the court on or before the return day of the process, if any,
or within any further time the court allows. Where applicable,
the affidavit shall contain a statement that defendant or respondent
has not complied with section 33-1322, subsections A and B.
§ 33-1310.
General definitions
Subject to additional
definitions contained in subsequent articles of this chapter
which apply to specific articles thereof, and unless the context
otherwise requires, in this chapter:
1. "Action" includes
recoupment, counterclaim, setoff, suit in equity and any other
proceeding in which rights are determined, including an action
for possession.
2. "Building
and housing codes" include any law, ordinance or governmental
regulation concerning fitness for habitation, or the construction,
maintenance, operation, occupancy, use or appearance of any premises,
or dwelling unit.
3. "Delivery
of possession" means returning dwelling unit keys to the
landlord and vacating the premises.
4. "Dwelling
unit" means a structure or the part of a structure that
is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain
a common household. "Dwelling unit" excludes real property
used to accommodate a mobile home, unless the mobile home is
rented or leased by the landlord.
5. "Good faith" means
honesty in fact in the conduct or transaction concerned.
6. "Landlord" means
the owner, lessor or sublessor of the dwelling unit or the building
of which it is a part, and it also means a manager of the premises
who fails to disclose as required by section 33-1322.
7. "Organization" includes
a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two
or more persons having a joint or common interest and any other
legal or commercial entity which is a landlord, owner, manager
or constructive agent pursuant to section 33-1322.
8. "Owner" means
one or more persons, jointly or severally, in whom is vested
all or part of the legal title to property or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises. The term includes a mortgagee in possession.
9. "Person" means
an individual or organization.
10. "Premises" means
a dwelling unit and the structure of which it is a part and existing
facilities and appurtenances therein, including furniture and
utilities where applicable, and grounds, areas and existing facilities
held out for the use of tenants generally or whose use is promised
to the tenant.
11. "Rent" means
payments to be made to the landlord in full consideration for
the rented premises.
12. "Rental
agreement" means all agreements, written, oral or implied
by law, and valid rules and regulations adopted under section
33-1342 embodying the terms and conditions concerning the use
and occupancy of a dwelling unit and premises.
13. "Roomer" means
a person occupying a dwelling unit that lacks a major bathroom
or kitchen facility, in a structure where one or more major facilities
are used in common by occupants of the dwelling unit and other
dwelling units. Major facility in the case of a bathroom means
toilet, or either a bath or shower, and in the case of a kitchen
means refrigerator, stove or sink.
14. "Security" means
money or property given to assure payment or performance under
a rental agreement. "Security" does not include a reasonable
charge for redecorating or cleaning.
15. "Single
family residence" means a structure maintained and used
as a single dwelling unit. Notwithstanding that a dwelling unit
shares one or more walls with another dwelling unit, it is a
single family residence if it has direct access to a street or
thoroughfare and shares neither heating facilities, hot water
equipment nor any other essential facility or service with any
other dwelling unit.
16. "Tenant" means
a person entitled under a rental agreement to occupy a dwelling
unit to the exclusion of others.
17. "Term
of lease" means the initial term or any renewal or extension
of the written rental agreement currently in effect not including
any wrongful holdover period.
§ 33-1311.
Obligation of good faith
Every duty under
this chapter and every act which must be performed as a condition
precedent to the exercise of a right or remedy under this chapter
imposes an obligation of good faith in its performance or enforcement.
§ 33-1312.
Unconscionability
A. If the court,
as a matter of law, finds either of the following:
1. A rental agreement
or any provision thereof was unconscionable when made, the court
may refuse to enforce the agreement, enforce the remainder of
the agreement without the unconscionable provision, or limit
the application of any unconscionable provision to avoid an unconscionable
result.
2. A settlement
in which a party waives or agrees to forego a claim or right
under this chapter or under a rental agreement was unconscionable
at the time it was made, the court may refuse to enforce the
settlement, enforce the remainder of the settlement without the
unconscionable provision, or limit the application of any unconscionable
provision to avoid any unconscionable result.
B. If unconscionability
is put into issue by a party or by the court upon its own motion
the parties shall be afforded a reasonable opportunity to present
evidence as to the setting, purpose and effect of the rental
agreement or settlement to aid the court in making the determination.
§ 33-1313.
Notice
A. A person has
notice of a fact if he has actual knowledge of it, has received
a notice or notification of it or from all the facts and circumstances
known to him at the time in question he has reason to know that
it exists. A person "knows" or "has knowledge" of
a fact if he has actual knowledge of it.
B. A person "notifies" or "gives" a
notice or notification to another by taking steps reasonably
calculated to inform the other in ordinary course whether or
not the other actually comes to know of it. A person "receives" a
notice or notification when it comes to his attention, or in
the case of the landlord, it is delivered in hand or mailed by
registered or certified mail to the place of business of the
landlord through which the rental agreement was made or at any
place held out by him as the place for receipt of the communication
or delivered to any individual who is designated as an agent
by section 33-1322 or, in the case of the tenant, it is delivered
in hand to the tenant or mailed by registered or certified mail
to him at the place held out by him as the place for receipt
of the communication or, in the absence of such designation,
to his last known place of residence. If notice is mailed by
registered or certified mail, the tenant or landlord is deemed
to have received such notice on the date the notice is actually
received by him or five days after the date the notice is mailed,
whichever occurs first.
C. "Notice," knowledge
or a notice or notification received by an organization is effective
for a particular transaction from the time it is brought to the
attention of the individual conducting the transaction and in
any event from the time it would have been brought to his attention
if the organization had exercised reasonable diligence.
§ 33-1314.
Terms and conditions of rental agreement
A. The landlord
and tenant may include in a rental agreement terms and conditions
not prohibited by this chapter or any other rule of law including
rent, term of the agreement and other provisions governing the
rights and obligations of the parties.
B. In the absence
of a rental agreement, the tenant shall pay as rent the fair
rental value for the use and occupancy of the dwelling unit.
C. Rent shall be
payable without demand or notice at the time and place agreed
upon by the parties. Unless otherwise agreed, rent is payable
at the dwelling unit and periodic rent is payable at the beginning
of any term of one month or less and otherwise in equal monthly
installments at the beginning of each month. Unless otherwise
agreed, rent shall be uniformly apportionable from day-to-day.
D. Unless the rental
agreement fixes a definite term, the tenancy shall be week-to-week
in case of a roomer who pays weekly rent, and in all other cases
month-to-month.
E. If a municipality
that levies a transaction privilege tax on residential rent changes
the percentage of that tax, the landlord on thirty days' written
notice to the tenant may adjust the amount of rent due to equal
the difference caused by the new percentage amount of the tax.
The adjustment to rent shall not occur before the date upon which
the new tax is effective. In order for a landlord to adjust rent
pursuant to this subsection, the landlord's right to adjust rent
pursuant to this subsection shall be disclosed in the rental
agreement.
F. Notwithstanding
section 14-3911, the landlord may request and the tenant may
provide and routinely update the name and contact information
of a person who is authorized by the tenant to enter the tenant's
dwelling unit to retrieve and store the tenant's property if
the tenant dies. If the landlord is unable to contact the authorized
person at the address and telephone number provided to the landlord
by the tenant or the authorized person fails to respond to the
landlord's request within ten days of initial written contact,
the landlord may dispose of the property as prescribed in section
33-1370. Before removing any of the tenant's personal property,
the authorized person shall present to the landlord a valid government
issued identification that confirms the identity of the authorized
person. The authorized person shall have twenty days from the
date of initial written contact by the landlord or the last date
for which rent is paid, whichever is longer, to remove items
from the rental property and return keys to the landlord during
regular business hours. If the landlord allows an authorized
person to enter the property to remove the tenant's personal
possessions as prescribed by this subsection, the landlord has
no further liability to the tenant, the tenant's estate or the
tenant's heirs for lost, damaged or stolen items. If the tenant's
personal property is not entirely removed from the rental unit
by an authorized person, the landlord may dispose of the property
as prescribed in section 33-1370. This subsection shall only
apply if the periodic rent is unpaid and outstanding for at least
five days.
§ 33-1314.01.
Utility charges; submetering; ratio utility billing; allocation;
water system exemption
A. A landlord may
charge separately for gas, water, wastewater, solid waste removal
or electricity by installing a submetering system or by allocating
the charges separately through a ratio utility billing system.
B. If a landlord
charges separately for a utility pursuant to subsection A, the
landlord may recover the charges imposed on the landlord by the
utility provider plus an administrative fee for the landlord
for actual administrative costs only. The landlord shall not
impose any additional charges. The rental agreement shall contain
a disclosure that lists the utility services that are charged
separately and shall specify the amount of any administrative
fee that is associated with submetering or the use of a ratio
utility billing system.
C. If provided
in the rental agreement, the landlord may impose a submetering
system or ratio utility billing system during the term of a rental
agreement if the landlord provides notice as prescribed by subsection
G.
D. If a landlord
is not in compliance with subsection B, the tenant shall first
object in writing to the landlord regarding the utility billing.
If the dispute is not resolved, the tenant may file a civil complaint
in justice court to enforce this section.
E. If a landlord
uses an allocation or submetering system, the bill format for
each billing period shall:
1. Separately state
the cost of the charges for the period together with the opening
and the closing meter readings and the dates of the meter readings.
2. Show the amount
of any administrative fee charged.
F. If a landlord
does not use a submetering system and allocates charges separately
for gas, water, wastewater, solid waste removal or electricity,
the landlord may allocate the costs to each tenant by using one
or more of the following ratio utility billing system methods:
1. Per tenant.
2. Proportionately
by livable square footage.
3. Per type of
unit.
4. Per number of
water fixtures.
5. For water and
wastewater, by use of an individually submetered hot water usage
measure for the tenant's dwelling unit.
6. Any other method
that fairly allocates the charges and that is described in the
tenant's rental agreement.
G. If a landlord
uses a ratio utility billing system method pursuant to subsection
F, the rental agreement shall contain a specific description
of the ratio utility billing method used to allocate utility
costs. For any existing tenancies, the landlord shall provide
at least ninety days' notice to the tenant before the landlord
begins using a submetering system or allocating costs through
a ratio utility billing system.
H. For purposes
of regulating apartment communities as public or consecutive
water systems, the department of environmental quality shall
not adopt rules pursuant to title 49, chapter 2, article 9 that
are more stringent than those authorized by federal law. Without
other evidence of activities that are subject to regulation under
title 49, chapter 2, article 9, the department of environmental
quality shall not use an apartment community's use of a submetering
system or a ratio utility billing system as the sole basis for
regulating an apartment community as a public or consecutive
water system.
§ 33-1315.
Prohibited provisions in rental agreements
A. A rental agreement
shall not provide that the tenant does any of the following:
1. Agrees to waive
or to forego rights or remedies under this chapter.
2. Agrees to pay
the landlord's attorney fees, except an agreement in writing
may provide that attorney fees may be awarded to the prevailing
party in the event of court action and except that a prevailing
party in a contested forcible detainer action is eligible to
be awarded attorney fees pursuant to section 12-341.01 regardless
of whether the rental agreement provides for such an award.
3. Agrees to the
exculpation or limitation of any liability of the landlord arising
under law or to indemnify the landlord for that liability or
the costs connected therewith.
4. Agrees to waive
or limit the tenant's right to summon or any other person's right
to summon a peace officer or other emergency assistance in response
to an emergency.
5. Agrees to payment
of monetary penalties or otherwise penalizes the tenant for the
tenant summoning or for any other person summoning a peace officer
or other emergency assistance in response to an emergency.
B. A provision
that is prohibited by subsection A of this section and that is
included in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing provisions known
by the landlord to be prohibited, the tenant may recover actual
damages sustained by the tenant and not more than two months'
periodic rent.
C. This section
does not limit the landlord's right to evict a tenant pursuant
to section 33-1368.
§ 33-1316.
Separation of rents and obligations to maintain property forbidden
A rental agreement,
assignment, conveyance, trust deed or security instrument may
not permit the receipt of rent free of the obligation to comply
with section 33-1324, subsection A.
§ 33-1317.
Discrimination by landlord or lessor against tenant with children
prohibited; classification; exceptions; civil remedy; applicability
A. A person who
knowingly refuses to rent to any other person a place to be used
for a dwelling for the reason that the other person has a child
or children, or who advertises in connection with the rental
a restriction against children, either by the display of a sign,
placard or written or printed notice, or by publication thereof
in a newspaper of general circulation, is guilty of a petty offense.
B. No person shall
rent or lease his property to another in violation of a valid
restrictive covenant against the sale of such property to persons
who have a child or children living with them.
C. No person shall
rent or lease his property to persons who have a child or children
living with them when his property meets the definition of housing
for older persons in section 41-1491.04.
D. A person who
knowingly rents or leases his property in violation of the provisions
of subsection B or C of this section is guilty of a petty offense.
E. A person whose
rights under this section have been violated may bring a civil
action against a person who violates this section for all of
the following:
1. Injunctive or
declaratory relief to correct the violation.
2. Actual damages
sustained by the tenant or prospective tenant.
3. A civil penalty
of three times the monthly rent of the housing accommodation
involved in the violation if the violation is determined to be
intentional.
4. Court costs
and reasonable attorney fees.
F. Nothing in this
section shall prohibit a person from refusing to rent a dwelling
by reason of reasonable occupancy standards established by the
owner or the owner's agent which apply to persons of all ages,
and which have been adopted and published before the event in
issue. An occupancy limitation of two persons per bedroom residing
in a dwelling unit shall be presumed reasonable for this state
and all political subdivisions of this state.
G. Subsection B
of this section applies only to dwellings occupied or intended
to be occupied by no more than four families living independently
of each other and in which the owner maintains and occupies one
of the living quarters as the owner's residence.
§ 33-1318.
Early termination by tenant for domestic violence; conditions;
lock replacement; access refusal; treble damages; immunity
A. A tenant may
terminate a rental agreement pursuant to this section if the
tenant provides to the landlord written notice pursuant to this
section that the tenant is the victim of domestic violence as
defined in section 13-3601. The tenant's rights and obligations
under the rental agreement are terminated and the tenant shall
vacate the dwelling and avoid liability for future rent and shall
not incur early termination penalties or fees if the tenant provides
to the landlord a written notice requesting release from the
rental agreement with a mutually agreed on release date within
the next thirty days, accompanied by any one of the following:
1. A copy of any
protective order issued pursuant to section 13-3602 to a tenant
who is a victim of domestic violence. A landlord may also request
a receipt or signed statement that the order of protection has
been submitted to an authorized officer of a court for service.
2. A copy of a
written departmental report from a law enforcement agency that
states that the tenant notified the law enforcement agency that
the tenant was a victim of domestic violence.
B. A landlord may
request from the victim the name and address of the person named
in an order of protection or a departmental report pursuant to
subsection A of this section, in writing, if known by the victim.
C. The tenant may
terminate the rental agreement pursuant to this section only
if the actions, events or circumstances that resulted in the
tenant being a victim of domestic violence as defined in section
13-3601 occurred within the thirty day period immediately preceding
the written notice of termination to the landlord, unless waived
by the landlord.
D. If the tenant
terminates the rental agreement as prescribed by this section
and if the tenant is solely or jointly liable on the rental agreement,
the tenant is liable only for rent owed or paid through the date
of the lease termination plus any previous obligations outstanding
on that date. The amount due from the tenant shall be paid to
the landlord on or before the date the tenant vacates the dwelling.
If the tenant has prepaid rent that would apply for the month
in which the lease is terminated, the landlord may retain the
prepaid rent and no refund is due to the tenant. If the tenant
has paid a security deposit pursuant to section 33-1321, the
security deposit shall not be withheld for the early termination
of the lease if the tenant meets the requirements prescribed
by subsection A of this section, but may be withheld for payment
of damages which the landlord has suffered by reason of the tenant's
noncompliance with section 33-1341.
E. A tenant who
is a victim of domestic violence may require the landlord to
install a new lock to the tenant's dwelling if the tenant pays
for the cost of installing the new lock. A landlord may comply
with this requirement by doing either of the following:
1. Rekeying the
lock if the lock is in good working condition.
2. Replacing the
entire locking mechanism with a locking mechanism of equal or
better quality than the lock being replaced.
F. A landlord who
installs a new lock at the tenant's request may retain a copy
of the key that opens the new lock. Notwithstanding any provision
in the rental agreement, the landlord may refuse to provide a
key that opens the new lock to the person named in an order of
protection or a departmental report pursuant to subsection A
of this section.
G. A landlord shall
refuse to provide access to the dwelling to reclaim property
to any tenant if the tenant is the person named in an order of
protection or a departmental report pursuant to subsection A
of this section who has been served with an order of protection
naming that tenant as the defendant and the landlord has received
a copy of the order of protection, unless a law enforcement officer
escorts the tenant into and out of the dwelling.
H. A tenant who
terminates a lease pursuant to this section and who is convicted
of falsely filing a departmental report or order or protection
for domestic violence is liable to the landlord for treble damages
for premature termination of the lease.
I. A person named
in an order of protection or a departmental report pursuant to
subsection A of this section who provokes an early lease termination
under this section is deemed to have interfered with the residential
rental agreement between the landlord and tenant regardless of
whether the person named in an order of protection or a departmental
report pursuant to subsection A of this section is a party to
the rental agreement, and the person named in an order of protection
or a departmental report pursuant to subsection A of this section
may be civilly liable for all economic losses incurred by a landlord
for the domestic violence early lease termination. This civil
liability includes unpaid rent, early lease termination fees,
costs to repair damage to the premises and any reductions or
waivers of rent previously granted to the tenant who was the
victim of domestic violence.
J. If there are
multiple tenants who are parties to a rental agreement that has
been terminated under this section, the tenancy for those tenants
also terminates. The tenants who are not the victims of domestic
violence, excluding the person named in an order of protection
or a departmental report pursuant to subsection A of this section
that caused the termination of the lease pursuant to this section,
may be released from any financial obligations due under the
previously existing rental agreement and the remaining tenants
may be permitted to enter into a new lease with the landlord
if the tenants meet all current application requirements.
K. An emergency
order of protection or a protective order that is issued to a
resident of a rental property automatically applies to the entire
residential rental property in which the tenant has a rental
agreement.
L. This section
shall not be construed to limit a landlord's right to terminate
a lease pursuant to section 33-1368 against the victim for actions
unrelated to the act of domestic violence.
M. A landlord is
not liable for any actions taken in good faith pursuant to this
section.
ARTICLE 2. LANDLORD
OBLIGATIONS
§ 33-1321.
Security deposits
A. A landlord shall
not demand or receive security, however denominated, including,
but not limited to, prepaid rent in an amount or value in excess
of one and one-half month's rent. This subsection does not prohibit
a tenant from voluntarily paying more than one and one-half month's
rent in advance.
B. The purpose
of all nonrefundable fees or deposits shall be stated in writing
by the landlord. Any fee or deposit not designated as nonrefundable
shall be refundable.
C. With respect
to tenants who first occupy the premises or enter into a new
written rental agreement after January 1, 1996, upon move in
a landlord shall furnish the tenant with a signed copy of the
lease, a move-in form for specifying any existing damages to
the dwelling unit and written notification to the tenant that
the tenant may be present at the move-out inspection. Upon request
by the tenant, the landlord shall notify the tenant when the
landlord's move-out inspection will occur. If the tenant is being
evicted for a material and irreparable breach and the landlord
has reasonable cause to fear violence or intimidation on the
part of the tenant, the landlord has no obligation to conduct
a joint move-out inspection with the tenant.
D. Upon termination
of the tenancy, property or money held by the landlord as prepaid
rent and security may be applied to the payment of all rent,
and subject to a landlord's duty to mitigate, all charges as
specified in the signed lease agreement, or as provided in this
chapter, including the amount of damages which the landlord has
suffered by reason of the tenant's noncompliance with section
33-1341. Within fourteen days, excluding Saturdays, Sundays or
other legal holidays, after termination of the tenancy and delivery
of possession and demand by the tenant the landlord shall provide
the tenant an itemized list of all deductions together with the
amount due and payable to the tenant, if any. Unless other arrangements
are made in writing by the tenant, the landlord shall mail the
itemized list and any amount due, by first class mail, to the
tenant's last known place of residence.
E. If the landlord
fails to comply with subsection D of this section the tenant
may recover the property and money due the tenant together with
damages in an amount equal to twice the amount wrongfully withheld.
F. This section
does not preclude the landlord or tenant from recovering other
damages to which the landlord or tenant may be entitled under
this chapter.
G. During the term
of tenancy the landlord may use refundable security deposits
or other refundable deposits in accordance with any applicable
provisions of the property management agreement. At the end of
tenancy, all refundable deposits shall be refunded to the tenant
pursuant to this section.
H. The holder of
the landlord's interest in the premises at the time of the termination
of the tenancy is bound by this section.
§ 33-1322.
Disclosure and tender of written rental agreement
A. The landlord
or any person authorized to enter into a rental agreement on
his behalf shall disclose to the tenant in writing at or before
the commencement of the tenancy the name and address of each
of the following:
1. The person authorized
to manage the premises.
2. An owner of
the premises or a person authorized to act for and on behalf
of the owner for the purpose of service of process and for the
purpose of receiving and receipting for notices and demands.
B. At or before
the commencement of the tenancy, the landlord shall inform the
tenant in writing that a free copy of the Arizona residential
landlord and tenant act is available through the Arizona secretary
of state's office.
C. The information
required to be furnished by this section shall be kept current
and refurnished to tenant upon tenant's request. This section
extends to and is enforceable against any successor landlord,
owner or manager.
D. A person who
fails to comply with subsections A and B becomes an agent of
each person who is a landlord for the following purposes:
1. Service of process
and receiving and receipting for notices and demands.
2. Performing the
obligations of the landlord under this chapter and under the
rental agreement and expending or making available for the purpose
all rent collected from the premises.
E. If there is
a written rental agreement, the landlord must tender and deliver
a signed copy of the rental agreement to the tenant and the tenant
must sign and deliver to the landlord one fully executed copy
of such rental agreement within a reasonable time after the agreement
is executed. A written rental agreement shall have all blank
spaces completed. Noncompliance with this subsection shall be
deemed a material noncompliance by the landlord or the tenant,
as the case may be, of the rental agreement.
§ 33-1323. Landlord
to supply possession of dwelling unit
At the commencement
of the term the landlord shall deliver possession of the premises
to the tenant in compliance with the rental agreement and section
33-1324. The landlord may bring an action for possession against
any person wrongfully in possession and may recover the damages
provided in section 33-1375, subsection C.
§ 33-1324. Landlord
to maintain fit premises
A. The landlord
shall:
1. Comply with
the requirements of applicable building codes materially affecting
health and safety.
2. Make all repairs
and do whatever is necessary to put and keep the premises in
a fit and habitable condition.
3. Keep all common
areas of the premises in a clean and safe condition.
4. Maintain in
good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning and other facilities
and appliances, including elevators, supplied or required to
be supplied by him.
5. Provide and
maintain appropriate receptacles and conveniences for the removal
of ashes, garbage, rubbish and other waste incidental to the
occupancy of the dwelling unit and arrange for their removal.
6. Supply running
water and reasonable amounts of hot water at all times, reasonable
heat and reasonable air-conditioning or cooling where such units
are installed and offered, when required by seasonal weather
conditions, except where the building that includes the dwelling
unit is not required by law to be equipped for that purpose or
the dwelling unit is so constructed that heat, air-conditioning,
cooling or hot water is generated by an installation within the
exclusive control of the tenant and supplied by a direct public
utility connection.
B. If the duty
imposed by subsection A, paragraph 1 of this section is greater
than any duty imposed by any other paragraph of this section,
the landlord's duty shall be determined by reference to that
paragraph.
C. The landlord
and tenant of a single family residence may agree in writing,
supported by adequate consideration, that the tenant perform
the landlord's duties specified in subsection A, paragraphs 5
and 6 of this section, and also specified repairs, maintenance
tasks, alterations and remodeling, but only if the transaction
is entered into in good faith, not for the purpose of evading
the obligations of the landlord and the work is not necessary
to cure noncompliance with subsection A, paragraphs 1 and 2 of
this section.
D. The landlord
and tenant of any dwelling unit other than a single family residence
may agree that the tenant is to perform specified repairs, maintenance
tasks, alterations or remodeling only if:
1. The agreement
of the parties is entered into in good faith and not for the
purpose of evading the obligations of the landlord and is set
forth in a separate writing signed by the parties and supported
by adequate consideration.
2. The work is
not necessary to cure noncompliance with subsection A, paragraphs
1 and 2 of this section.
3. The agreement
does not diminish or affect the obligation of the landlord to
other tenants in the premises.
§ 33-1325.
Limitation of liability
A. Unless otherwise
agreed, a landlord, who conveys premises that include a dwelling
unit subject to a rental agreement in a good faith sale to a
bona fide purchaser, is relieved of liability under the rental
agreement and this chapter as to events occurring subsequent
to written notice to the tenant of the conveyance. He remains
liable to the tenant for any property and money to which the
tenant is entitled under section 33-1321.
B. Unless otherwise
agreed, a manager of premises that include a dwelling unit is
relieved of liability under the rental agreement and this chapter
as to events occurring after written notice to the tenant of
the termination of his management.
§ 33-1329.
Regulation of rents; authority
A. Notwithstanding
any other provisions of law to the contrary the state legislature
determines that the imposition of rent control on private residential
housing units by cities, including charter cities, and towns
is of statewide concern. Therefore, the power to control rents
on private residential property is preempted by the state. Cities,
including charter cities, or towns shall not have the power to
control rents.
B. The provisions
of subsection A shall not apply to residential property which
is owned, financed, insured or subsidized by any state agency,
or by any city, including charter city, or town.
§ 33-1330.
Transfer of records on sale
On the sale or
other transfer of an apartment community as defined in section
40-360.21, the landlord shall deliver to the buyer or other transferee
all available plans, drawings and records pertaining to the location
of all underground facilities in the property, all plans, drawings,
surveys and plats of the property, all records pertaining to
tenant security deposits and complete files for each tenant of
the property at closing containing rental agreements and all
other documents and disclosures required by this chapter that
are in the possession of the landlord. A landlord who fails to
deliver reasonably accurate and maintained installation records
of active, inactive and abandoned underground facilities installed
after December 31, 2006 is liable for all damages proximately
caused by the failure, including all expenses incurred by successor
landlords to create such installation records.
ARTICLE 3. TENANT
OBLIGATIONS
§ 33-1341.
Tenant to maintain dwelling unit
The tenant shall:
1. Comply with
all obligations primarily imposed upon tenants by applicable
provisions of building codes materially affecting health and
safety.
2. Keep that part
of the premises that he occupies and uses as clean and safe as
the condition of the premises permit.
3. Dispose from
his dwelling unit all ashes, rubbish, garbage and other waste
in a clean and safe manner.
4. Keep all plumbing
fixtures in the dwelling unit or used by the tenant as clean
as their condition permits.
5. Use in a reasonable
manner all electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances including
elevators in the premises.
6. Not deliberately
or negligently destroy, deface, damage, impair or remove any
part of the premises or knowingly permit any person to do so.
7. Conduct himself
and require other persons on the premises with his consent to
conduct themselves in a manner that will not disturb his neighbors'
peaceful enjoyment of the premises.
8. The tenant shall
notify the landlord of any situation or occurrence that requires
the landlord to provide maintenance, make repairs or otherwise
requires the landlord to take action as prescribed in section
33-1324.
§ 33-1342.
Rules and regulations
A. A landlord,
from time to time, may adopt rules or regulations, however described,
concerning the tenant's use and occupancy of the premises. Such
rules or regulations are enforceable against the tenant only
if:
1. Their purpose
is to promote the convenience, safety or welfare of the tenants
in the premises, preserve the landlord's property from abusive
use or make a fair distribution of services and facilities held
out for the tenants generally.
2. They are reasonably
related to the purpose for which adopted.
3. They apply to
all tenants in the premises in a fair manner.
4. They are sufficiently
explicit in prohibition, direction or limitation of the tenant's
conduct to fairly inform the tenant of what the tenant must or
must not do to comply.
5. They are not
for the purpose of evading the obligations of the landlord.
6. The tenant has
notice of them at the time the tenant enters into the rental
agreement.
B. A rule or regulation
adopted after the tenant enters into the rental agreement is
enforceable against the tenant if a thirty day notice of its
adoption is given to the tenant and it does not constitute a
substantial modification of the tenant's rental agreement.
C. If state, county,
municipal or other governmental bodies adopt new ordinances,
rules or other legal provisions affecting existing rental agreements,
the landlord may make immediate amendments to lease agreements
to bring them into compliance with the law. The landlord shall
give a tenant written notice that the tenant's lease agreement
has been amended, and the notice shall provide a brief description
of the amendment and the effective date.
§ 33-1343.
Access
A. The tenant shall
not unreasonably withhold consent to the landlord to enter into
the dwelling unit in order to inspect the premises, make necessary
or agreed repairs, decorations, alterations or improvements,
supply necessary or agreed services or exhibit the dwelling unit
to prospective or actual purchasers, mortgagees, tenants, workmen
or contractors.
B. If the tenant
notifies the landlord of a service request or a request for maintenance
as prescribed in section 33-1341, paragraph 8, the notice from
the tenant constitutes permission from the tenant for the landlord
to enter the dwelling unit pursuant to subsection D of this section
for the sole purpose of acting on the service or maintenance
request.
C. The landlord
may enter the dwelling unit without consent of the tenant in
case of emergency.
D. The landlord
shall not abuse the right to access or use it to harass the tenant.
Except in case of emergency or if it is impracticable to do so,
the landlord shall give the tenant at least two days' notice
of the landlord's intent to enter and enter only at reasonable
times.
E. The landlord
has no other right of access except by court order and as permitted
by sections 33-1369 and 33-1370, or if the tenant has abandoned
or surrendered the premises.
§ 33-1344.
Tenant to use and occupy as a dwelling unit
Unless otherwise
agreed, the tenant shall occupy his dwelling unit only as a dwelling
unit.
§ 33-1361.
Noncompliance by the landlord
A. Except as provided
in this chapter, if there is a material noncompliance by the
landlord with the rental agreement, including a material falsification
of the written information provided to the tenant, the tenant
may deliver a written notice to the landlord specifying the acts
and omissions constituting the breach and that the rental agreement
will terminate upon a date not less than ten days after receipt
of the notice if the breach is not remedied in ten days. If there
is a noncompliance by the landlord with section 33-1324 materially
affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting
the breach and that the rental agreement will terminate upon
a date not less than five days after receipt of the notice if
the breach is not remedied in five days. For the purposes of
this section, material falsification includes false information
relating to availability of the unit, except when a holdover
tenant is in illegal possession or in violation of the rental
agreement, the condition of the premises and any current services
as represented by the landlord in writing and any representation
regarding future services and any future changes regarding the
condition of the premises, the provision of utility services
and the designation of the party responsible for the payment
of utility services. The rental agreement shall terminate and
the dwelling unit shall be vacated as provided in the notice
subject to the following:
1. If the breach
is remediable by repairs or the payment of damages or otherwise
and the landlord adequately remedies the breach prior to the
date specified in the notice, the rental agreement will not terminate.
2. The tenant may
not terminate for a condition caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's family
or other person on the premises with the tenant's consent.
B. Except as provided
in this chapter, the tenant may recover damages and obtain injunctive
relief for any noncompliance by the landlord with the rental
agreement or with section 33-1318 or 33-1324.
C. The remedy provided
in subsection B of this section is in addition to any right of
the tenant arising under subsection A of this section.
D. If the rental
agreement is terminated, the landlord shall return all security
recoverable by the tenant under section 33-1321.
§ 33-1362.
Failure to deliver possession
A. If the landlord
fails to deliver physical possession of the dwelling unit to
the tenant as provided in section 33-1323, rent abates until
possession is delivered and the tenant may do either of the following:
1. Upon at least
five days' written notice to the landlord terminate the rental
agreement and upon termination the landlord shall return all
prepaid rent and security.
2. Demand performance
of the rental agreement by the landlord and, if the tenant elects,
maintain an action for possession of the dwelling unit against
the landlord or any person wrongfully in possession and recover
the damages sustained by him.
B. If the landlord
fails to deliver constructive possession to the tenant because
of noncompliance with section 33-1324, rent shall not abate.
Tenant may proceed with the remedies provided for in section
33-1361.
C. If a person's
failure to deliver possession is willful and not in good faith,
an aggrieved person may recover from that person an amount not
more than two months' periodic rent or twice the actual damages
sustained by him, whichever is greater.
§ 33-1363.
Self-help for minor defects
A. If the landlord
fails to comply with section 33-1324, and the reasonable cost
of compliance is less than three hundred dollars, or an amount
equal to one-half of the monthly rent, whichever amount is greater,
the tenant may recover damages for the breach under section 33-1361,
subsection B, or may notify the landlord of the tenant's intention
to correct the condition at the landlord's expense. After being
notified by the tenant in writing, if the landlord fails to comply
within ten days or as promptly thereafter as conditions require
in case of emergency, the tenant may cause the work to be done
by a licensed contractor and, after submitting to the landlord
an itemized statement and a waiver of lien, deduct from his rent
the actual and reasonable cost of the work, not exceeding the
amount specified in this subsection.
B. A tenant may
not repair at the landlord's expense if the condition was caused
by the deliberate or negligent act or omission of the tenant,
a member of the tenant's family or other person on the premises
with the tenant's consent.
§ 33-1364. Wrongful
failure to supply heat, air conditioning, cooling, water, hot
water or essential services
A. If contrary
to the rental agreement or section 33-1324 the landlord deliberately
or negligently fails to supply running water, gas or electrical
service, or both if applicable, and reasonable amounts of hot
water or heat, air-conditioning or cooling, where such units
are installed and offered, or essential services, the tenant
may give reasonable notice to the landlord specifying the breach
and may do one of the following:
1. Procure reasonable
amounts of hot water, running water, heat and essential services
during the period of the landlord's noncompliance and deduct
their actual reasonable cost from the rent. If the landlord has
failed to provide any of the utility services specified in this
section due to nonpayment of the landlord's utility bill for
the premises, and if there is no separate utility meter for each
tenant in the premises such that the tenant could avoid a utility
shutoff by arranging to have services transferred to the tenant's
name, the tenant may either individually or collectively with
other tenants arrange with the utility company to pay the utility
bill after written notice to the landlord of the tenant's intent
to do so. With the utility company's approval the tenant or tenants
may pay the landlord's delinquent utility bill and deduct from
any rent owed to the landlord the actual cost of the payment
the tenant made to restore utility services. The tenant or tenants
may continue to make such payments to the utility company until
the landlord has provided adequate assurances to the tenant that
the above utility services will be maintained.
2. Recover damages
based upon the diminution in the fair rental value of the dwelling
unit.
3. Procure reasonable
substitute housing during the period of the landlord's noncompliance,
in which case the tenant is excused from paying rent for the
period of the landlord's noncompliance. In the event the periodic
cost of such substitute housing exceeds the amount of the periodic
rent, upon delivery by tenant of proof of payment for such substitute
housing, tenant may recover from landlord such excess costs up
to an amount not to exceed twenty-five per cent of the periodic
rent which has been excused pursuant to this paragraph.
B. A landlord shall
provide all utilities and services specified in the lease agreement.
C. A landlord shall
not terminate utility services as specified in subsection A of
this section which are provided to the tenant as part of the
rental agreement, except as necessary to make needed repairs
or as provided in section 33-1368. Subsequent to the execution
of the rental agreement, a landlord may not transfer the responsibility
for payment of such utility services to the tenant without the
tenant's written consent.
D. If a landlord
is in violation of subsection C of this section, the tenant may
recover damages, costs and reasonable attorneys fees and obtain
injunctive relief. Nothing in this section shall preclude a tenant's
right to recover damages as specified in section 33-1367.
E. A lease agreement
shall not contain any terms contrary to this section.
F. In addition
to the remedy provided in paragraph 3 of subsection A of this
section, in the event the landlord's noncompliance is deliberate,
the tenant may recover the actual and reasonable cost or fair
and reasonable value of the substitute housing not in excess
of an amount equal to the periodic rent.
G. If the tenant
proceeds under this section, he may not proceed under section
33-1361 or section 33-1363 as to that breach, except as to damages
which occur prior to the tenant proceeding under subsection A
or B of this section.
H. The rights under
this section do not arise until the tenant has given notice to
the landlord and such rights do not include the right to repair.
Such rights do not arise if the condition was caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's
family or other person on the premises with the tenant's consent.
§ 33-1365.
Landlord's noncompliance as defense to action for possession
or rent; definition
A. In an action
for possession based upon nonpayment of the rent or in an action
for rent where the tenant is in possession, if the landlord is
not in compliance with the rental agreement or this chapter,
the tenant may counterclaim for any amount which he may recover
under the rental agreement or this chapter. In that event after
notice and hearing the court from time to time may order the
tenant to pay into court all or part of the undisputed rent accrued
and all periodic rent thereafter accruing and shall determine
the amount due to each party. The party to whom a net amount
is owed shall be paid first from the money paid into court and
the balance, if any, by the other party. However, if no rent
remains due after application of this section, or if the tenant
is adjudged to have acted in good faith and satisfies a judgment
for rent entered for the landlord, judgment shall be entered
for the tenant in the action for possession.
B. In an action
for rent where the tenant is not in possession, the tenant may
counterclaim as provided in subsection A but the tenant is not
required to pay any rent into court.
§ 33-1366.
Fire or casualty damage
A. If the dwelling
unit or premises are damaged or destroyed by fire or casualty
to an extent that enjoyment of the dwelling unit is substantially
impaired, the tenant may do either of the following:
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