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Arizona Landlord-Tenant Law

Arizona Landlord-Tenant Law for Apartment Owners

Arizona landlord-tenant law is set by the Arizona Residential Landlord and Tenant Act in Title 33 of the Arizona Revised Statutes. It caps deposits at one and a half months’ rent, requires two days’ notice to enter and gives tenants five days to pay before an eviction can be filed. Cities can’t impose rent control. Here are the rules an apartment owner works with, and what changes when you sell.

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In This Guide: Notice periods, deposits, late fees and entry · The special detainer eviction process · Rent control preemption under A.R.S. 33-1329 · Leases and deposits when you sell · The end of city rental tax in 2025

By Skyline Capital Investments · · 6 min read

What are the landlord-tenant laws in Arizona?

Arizona landlord-tenant law for apartments comes mainly from the Arizona Residential Landlord and Tenant Act, A.R.S. 33-1301 and the sections that follow, which applies statewide and leaves little room for city rules. The act sets the deposit cap, the notice periods for ending a tenancy, entry rules and the remedies on both sides. Evictions are handled through a fast court process called a special detainer action.

Arizona landlord-tenant rules at a glance

The table lists the rules apartment owners use most, with the statute for each.

RuleArizona requirementStatute
Ending a month-to-month tenancy30 days’ written notice before the periodic rental date, by either sideA.R.S. 33-1375
Ending a week-to-week tenancy10 days’ written noticeA.R.S. 33-1375
Nonpayment of rent5 days’ written notice to pay before filingA.R.S. 33-1368(B)
Material lease violation10 days to cure; 5 days for health and safety violationsA.R.S. 33-1368(A)
Material and irreparable breachImmediate termination noticeA.R.S. 33-1368(A)
Security deposit cap1.5 months’ rent, including prepaid rentA.R.S. 33-1321(A)
Deposit return14 days, excluding weekends and holidays, with an itemized listA.R.S. 33-1321(D)
Late feesMust be reasonable and in a written lease; no fixed capA.R.S. 33-1368(B)
EntryAt least 2 days’ notice, except emergenciesA.R.S. 33-1343(D)
Rent controlPreempted statewideA.R.S. 33-1329

How much notice does a landlord have to give in Arizona?

An Arizona landlord must give 30 days’ written notice before the periodic rental date to end a month-to-month tenancy, and 10 days for a week-to-week tenancy, under A.R.S. 33-1375. The notice runs to a rent date, so a notice served on March 12 for a lease with rent due on the first ends the tenancy on April 30, not April 11.

A fixed-term lease ends on the date it states, and the lease itself governs renewal terms. Notices tied to a tenant’s breach follow the shorter A.R.S. 33-1368 periods instead.

Security deposit rules in Arizona

An Arizona landlord may not demand or receive more than one and a half months’ rent as security, counting prepaid rent, under A.R.S. 33-1321(A). On a $1,400 apartment that is a cap of $2,100. A tenant may choose to prepay more, but you can’t require it.

The purpose of every nonrefundable fee or deposit has to be stated in writing; anything not labeled nonrefundable is refundable. After the tenancy ends and the tenant gives up possession and asks for the deposit, you have 14 days, excluding weekends and legal holidays, to return it with an itemized list of deductions. A landlord who wrongfully withholds a deposit can owe the tenant twice the amount withheld.

Late fees and entry notice

Arizona has no statewide dollar cap on late fees, but a late fee must be reasonable and stated in a written rental agreement before it can be included in what a tenant pays to reinstate after a nonpayment notice (A.R.S. 33-1368(B)). A fee buried in a verbal agreement won’t count.

To enter a unit for repairs, inspections or showings, you must give at least two days’ notice under A.R.S. 33-1343(D), unless there is an emergency or notice is impracticable. That rule matters during a sale, when buyers and lenders want to walk units. Schedule inspections in batches and send the notices early.

Lease violation notices: 10 days, 5 days or immediate

For a breach other than unpaid rent, A.R.S. 33-1368(A) sets three tracks, and the right one depends on how serious the problem is. Picking the wrong track is a common reason a judge sends a landlord back to start over.

  • Material noncompliance with the lease, such as an unauthorized occupant or a pet the lease forbids: a 10-day notice to cure, after which the lease can end.
  • Noncompliance that materially affects health and safety, such as blocked exits or sanitation problems: a 5-day notice to cure.
  • A material and irreparable breach, as the statute defines it: an immediate notice of termination and the fast-track special detainer.
  • Unpaid rent sits on its own track: the 5-day notice to pay in A.R.S. 33-1368(B).

Avoiding delays in an Arizona eviction

Most delays in Arizona evictions come from the notice, not the court. Because the trial comes within days of filing, a judge looks closely at whether the notice was right before ruling.

  • Count days carefully and keep a copy of the notice with proof of how and when it was delivered.
  • Demand only the rent and charges the lease and statute allow, with late fees that are reasonable and written into the lease.
  • Keep the ledger, lease and notice together so they are ready for the hearing three to six days out.
  • If you plan to sell, tell buyers about any pending case, since the new owner may have to finish it.

The eviction process in Arizona

An Arizona eviction is a special detainer action, and it moves faster than in most states. For unpaid rent, the landlord serves a five-day notice to pay or the lease ends. If the tenant doesn’t pay, the landlord files in justice court and the summons sets a trial three to six days out (A.R.S. 33-1377(B)).

If the landlord wins, the court can’t issue a writ of restitution until five calendar days after judgment (A.R.S. 12-1178(C)). The constable then returns possession. For a material and irreparable breach, the trial is held within three days of filing and the writ can issue 12 to 24 hours after judgment.

StepTimeStatute
Five-day notice to pay5 daysA.R.S. 33-1368(B)
File special detainer; trial date3 to 6 days from the summonsA.R.S. 33-1377(B)
Judgment to writ of restitution5 calendar daysA.R.S. 12-1178(C)
Typical total if uncontestedAbout 2 to 4 weeks from notice to lockout

Does Arizona have rent control?

No. A.R.S. 33-1329 bars cities, including charter cities like Phoenix and Tucson, and towns from controlling the amount of rent on private residential property. Residential property owned, financed, insured or subsidized by a state agency, city or town is excepted. An owner of a market-rate building can set rent at lease renewal, subject to proper notice and the lease terms.

That preemption is a big reason investors from rent-regulated markets buy in Arizona. It also means the rules in this guide are largely the same in Flagstaff as in Yuma, since cities can’t layer on their own rent limits.

For a seller, preemption simplifies pricing. A buyer underwriting an Arizona building can model rent growth to market at each lease renewal instead of discounting for a local cap, and the rent roll you hand over reflects leases that can be reset as they expire under the notice rules above.

What happens to leases and deposits when you sell

Leases stay in force when an Arizona apartment building is sold, and the buyer takes the property subject to them. A tenant with eight months left on a lease keeps it, at the same rent, under the new owner.

Deposits follow the landlord’s interest. A.R.S. 33-1321(H) makes whoever holds the landlord’s interest when a tenancy ends responsible for the deposit rules, so the buyer will be the one returning deposits. In practice the seller credits the buyer at closing for every deposit on the rent roll, and the purchase contract should say so.

  • Deliver a certified rent roll with each unit’s rent, lease end date, deposit and any prepaid rent.
  • Hand over the signed leases and any written nonrefundable fee disclosures.
  • Credit the buyer for all refundable deposits and prepaid rent at closing.
  • Send tenants a written notice of the new owner and where to pay rent.
  • Give two days’ notice for buyer and lender unit inspections.

Arizona landlord-tenant law changes in 2025 and 2026

The biggest recent change for apartment owners is the end of city taxes on residential rent. SB 1131, passed in 2023, bars Arizona cities and towns from levying transaction privilege tax on residential rentals starting January 1, 2025. Landlords who had been passing that city tax through to tenants had to stop charging it, and that pass-through requirement itself repeals on January 1, 2027.

If your leases still contain a line for city rental tax, update them and make sure the charge no longer appears on ledgers. A buyer’s due diligence will look for it. Other landlord-tenant bills were filed in the 2026 session, including proposals on application fees and rent increase notice, but we found none that became law; check the current status with an Arizona attorney before relying on any of them.

Selling an Arizona apartment building with tenants in place

Skyline buys apartment buildings with five or more units in Arizona with tenants in place, including buildings with below-market leases. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits as Arizona law requires and handle tenant notices after closing.

Common Questions

How much notice does a landlord have to give in Arizona?

To end a month-to-month tenancy, an Arizona landlord must give 30 days’ written notice before the periodic rental date under A.R.S. 33-1375. Week-to-week tenancies need 10 days. For unpaid rent the notice is 5 days, and for other material lease violations it is 10 days to cure, or 5 days for health and safety issues.

What is the maximum security deposit in Arizona?

The maximum is one and a half months’ rent, including any prepaid rent, under A.R.S. 33-1321(A). A tenant may voluntarily prepay more, but the landlord can’t require it. Every nonrefundable fee must have its purpose stated in writing, or it is treated as refundable and counts against the same rules.

How long does a landlord have to return a security deposit in Arizona?

Fourteen days, not counting weekends and legal holidays, after the tenancy ends, the tenant delivers possession and the tenant asks for the deposit. The landlord must include an itemized list of deductions. A landlord who wrongfully keeps part of a deposit can be ordered to pay the tenant twice the amount withheld.

How long does an eviction take in Arizona?

An uncontested nonpayment eviction usually takes about two to four weeks from the five-day notice to the lockout. After the notice, the court sets trial three to six days from the summons, and the writ of restitution can’t issue until five calendar days after judgment. Material and irreparable breaches move faster.

Is there rent control in Arizona?

No. A.R.S. 33-1329 prohibits cities, including charter cities, and towns from controlling rents on private residential property. The only exception is residential property owned, financed, insured or subsidized by a state agency, city or town. Landlords of market-rate apartments can raise rent at renewal, following the lease and the notice rules.

Can a landlord enter without permission in Arizona?

Only in an emergency or when notice is impracticable. Otherwise an Arizona landlord must give at least two days’ notice of the intent to enter and enter at reasonable times, under A.R.S. 33-1343(D). Plan buyer and lender walk-throughs around that two-day window.

What is the Arizona Residential Landlord and Tenant Act?

It is the state law in Title 33, Chapter 10 of the Arizona Revised Statutes that governs most residential leases, including apartments. It sets deposit limits, notice periods, entry rules, repair duties and the remedies landlords and tenants have against each other, and it works alongside the special detainer eviction statutes.

Can Arizona cities charge tax on rent?

Not since January 1, 2025. SB 1131 (2023) bars cities and towns from levying transaction privilege tax on residential rental income. Landlords who had been collecting the city rental tax from tenants had to stop passing it through. Check that old leases no longer list the charge.

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