§ 33-1301 – Short title
33-1301. Short title This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.
§ 33-1302 – Purposes
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
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 […]
§ 33-1304 – Applicability of chapter
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; notice and pleading requirements
33-1305. Administration of remedies; enforcement; notice and pleading requirements 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 […]
§ 33-1306 – Settlement of disputed claim or right
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
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
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 […]
§ 33-1310 – General definitions
33-1310. General definitions Subject to additional definitions contained in subsequent articles of this chapter that apply to specific articles of this chapter, 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. […]
§ 33-1311 – Obligation of good faith
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
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 […]
§ 33-1313 – Notice
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 […]
§ 33-1314 – Terms and conditions of rental agreement; contact information; property; pets
33-1314. Terms and conditions of rental agreement; contact information; property; pets 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 […]
§ 33-1314.01 – Utility charges; submetering; ratio utility billing; allocation; water system exemption
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 […]
§ 33-1315 – Prohibited provisions in rental agreements
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 […]
§ 33-1316 – Separation of rents and obligations to maintain property forbidden
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
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 […]
§ 33-1318 – Early termination by tenant; domestic violence; sexual assault; requirements; lock replacement; access refusal; treble damages; immunity
33-1318. Early termination by tenant; domestic violence; sexual assault; requirements; 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 […]
§ 33-1318.01 – Early release termination for law enforcement officers; definition
33-1318.01. Early release termination for law enforcement officers; definition A. A law enforcement officer may terminate a rental agreement in the same manner established in section 33-1318 if the law enforcement officer provides to the landlord a written notice that the law enforcement officer is protected under an injunction against harassment issued pursuant to section […]
§ 33-1319 – Bedbug control; landlord and tenant obligations; definitions
33-1319. Bedbug control; landlord and tenant obligations; definitions A. A landlord has the following obligations with respect to a bedbug infestation: 1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include: (a) A description of measures that may be taken to prevent and control bedbugs. (b) Information about […]