Arizona Lease Agreement

An Arizona lease agreement is a legally binding contract between a landlord and tenant that outlines the rental terms, including rent amount, lease duration, tenant responsibilities, and landlord obligations. It must comply with Arizona landlord-tenant laws (ARS Title 33, Chapter 10) to be enforceable.

The most common types of Arizona lease agreements include:

• Fixed-Term Lease: A rental contract for a specific period (e.g., 12 months).
• Month-to-Month Rental Agreement: A short-term lease that automatically renews each month.
• Sublease Agreement: A lease where the original tenant rents out the property to another person (“subtenant”), usually requiring the landlord’s written consent.
• Commercial Lease: A contract for leasing commercial properties, such as office spaces or storefronts.

A comprehensive Arizona lease agreement should include:

• Property Address: Full legal address and unit details.
• Tenant and Landlord Names: Legal names of all involved parties.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Lease Term: Start and end dates, plus renewal and termination conditions.
• Security Deposit Terms: Deposit amount, refund policy, deductions, and timeline for return (14 days in Arizona).
• Arizona-Specific Disclosures: Such as lead-based paint disclosures (for properties built before 1978) and mold disclosures.
• Any state-mandated disclosures: Such as Arizona’s habitability requirements.

The main difference is the duration and flexibility:

• Lease Agreement: Typically for a fixed term (e.g., 12 months), with rent fixed for the entire term.
• Rental Agreement: Usually month-to-month, with terms that can be adjusted with proper written notice.

No, under Arizona rental laws, landlords cannot increase rent during a fixed-term lease unless explicitly allowed in the lease agreement. For month-to-month agreements, landlords must provide at least 30 days’ written notice before increasing rent (Arizona Residential Landlord and Tenant Act, ARS § 33-1375).

If a tenant breaks the lease in Arizona:

• Financial Responsibility: The tenant may be liable for rent for the remainder of the lease term, or an early termination fee, as stipulated in the lease agreement. However, the tenant may not be liable for the full amount if the landlord fails to mitigate damages by making reasonable efforts to re-rent the unit.
• Landlord’s Duty to Re-Rent: Under Arizona Revised Statutes §33-1370, landlords have a duty to mitigate damages by making reasonable efforts to find a new tenant if the original tenant breaks the lease. The landlord must take steps to re-rent the property as soon as possible in order to minimize the financial loss.

The renewal or termination process for both Fixed-Term Leases and Month-to-Month Leases in Arizona follows these guidelines:

• Fixed-Term Lease:

  A fixed-term lease automatically expires at the end of the term (e.g., 12 months). To renew, both the landlord and tenant must agree to a new lease. If neither party takes action, the lease will terminate on the agreed end date, and the tenant must vacate the property unless a new agreement is signed.

  • Notice for Non-Renewal: A tenant or landlord must give at least 30 days' written notice before the lease ends if they do not wish to renew or extend it (per Arizona Revised Statutes §33-1375).
• Month-to-Month Lease:

  A month-to-month lease automatically renews each month unless either party provides written notice to terminate.

  • Termination: Either party must give at least 30 days' written notice to terminate the agreement (per Arizona Revised Statutes §33-1375).
  • Rent Increase: Landlords must provide at least 30 days' written notice for any rent increase.

In both cases, written notice is required to ensure proper legal documentation and compliance with Arizona’s rental laws.

Yes, an Arizona lease agreement can be modified after signing, but only if:

• Both landlord and tenant agree to the changes.
• Modifications are documented in writing as a formal addendum to the original lease.
• The addendum is signed and dated by both parties.