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Arizona Revised Statutes - Title 33 Property - Chapter 10 Arizona Residential Landlord and Tenant Act

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  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 33-1317 - 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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 - Landlord to maintain fit premises
    A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make...
  • 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...
  • 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...
  • 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...
  • 33-1331 - Notice of foreclosure; effect on lease; damages
    A. If a rental agreement is entered into after the foreclosure action was initiated, the owner shall include written notice of possible foreclosure with the...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 33-1363 - Self‑help for minor defects
    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...
  • 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...
  • 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...
  • 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...
  • 33-1367 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
    If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption...
  • 33-1368 - Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition
    A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the...
  • 33-1369 - Failure to maintain
    If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a damaged...
  • 33-1370 - Abandonment; notice; remedies; personal property; definition
    A. If a dwelling unit is abandoned after the time prescribed in subsection H of this section, the landlord shall send the tenant a notice...
  • 33-1371 - Acceptance of partial payments
    A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or...
  • 33-1372 - Landlord liens; distraint for rent
    A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date...
  • 33-1373 - Remedy after termination
    If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for...
  • 33-1374 - Recovery of possession limited
    A landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his possessions,...
  • 33-1375 - Periodic tenancy; hold‑over remedies
    33-1375. Periodic tenancy; hold-over remedies A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at...
  • 33-1376 - Landlord and tenant remedies for abuse of access
    A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either...
  • 33-1377 - Special detainer actions; service; trial postponement
    A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except as provided in this section, the procedure and appeal rights prescribed...
  • 33-1381 - Retaliatory conduct prohibited
    A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring...
  • Last modified: February 20, 2012