Residential Landlord and Tenant Act

              I am pleased to present this publication of the Residential
Landlord and Tenant Act, Title 33, Chapter 10. The Office of
the Secretary of State publishes this handbook as a resource
for those interested in the landlord and tenant laws in the
Great State of Arizona. As always, your comments about any
of our publications are appreciated.
BETSEY BAYLESS
Secretary of State
Updated with laws
effective July 18, 2000
July 2000
www.sos.state.az.us e-mail: pubs@sos.state.az.us
Title 33, Chapter 10
Arizona Revised Statutes
A Message
from Secretary
Bayless
A publication of the
Arizona Secretary
of State’s Office
Customer
Service Center
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Phoenix, Arizona
Phone: 602.542.6187
Fax: 602.542.7386
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www.sos.state.az.us
e-mail:
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July 18, 2000
It is a pleasure to provide this publication of the Residential Landlord and
Tenant Act. Other pertinent sections to the law are also included.
The Secretary of State’s Office prints this booklet for public information. The
office cannot answer any questions about this law. For assistance, you may
contact Community Information and Referral Services, Inc. 602-263-8856.
Feel free to contact my office for additional copies of this booklet at 602-542-
4086. An online link to the Residential Landlord and Tenant Act is available
on our Web site at www.sos.state.az.us.
My staff and I look forward to assisting you.
Betsey Bayless
Secretary of State
The Office of the Secretary of State is an equal opportunity employer. Requests for alternate formats and/or accom-modations
can be made five days in advance by contacting the Secretary of State ADA Coordinator at 602.542.4285.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
3
ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
Arizona Revised Statutes Title 33, Chapter 10
and Other Pertinent Statutes
TITLE 33, CHAPTER 10
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 2. Landlord Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Article 3. Tenant Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Article 4. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 5. Retaliatory Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
TITLE 33, CHAPTER 17
Article 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
TITLE 12, CHAPTER 8
Article 4. Forcible Entry And Detainer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
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ARIZONA REVISED STATUTES
TITLE 33. PROPERTY
CHAPTER 10. ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
ARTICLE 1. GENERAL PROVISIONS
Section
33-1301. Short title
33-1302. Purposes
33-1303. Supplementary principles of law appli-cable
33-1304. Applicability of chapter
33-1305. Administration of remedies; enforce-ment
33-1306. Settlement of disputed claim or right
33-1307. Territorial application
33-1308. Exclusions from application of chapter
33-1309. Jurisdiction and service of process
33-1310. General definitions
33-1311. Obligation of good faith
33-1312. Unconscionability
33-1313. Notice
33-1314. Terms and conditions of rental agree-ment
33-1314.01 Utility charges; submetering; alloca-tion;
exemption
33-1315. Prohibited provisions in rental agree-ments
33-1316. Separation of rents and obligations to
maintain property forbidden
33-1317. Discrimination by landlord or lessor
against tenant with children prohibited;
classification; exceptions; civil remedy;
applicability
ARTICLE 2. LANDLORD OBLIGATIONS
Section
33-1321. Security deposits
33-1322. Disclosure and tender of written rental
agreement
33-1323. Landlord to supply possession of dwell-ing
unit
33-1324. Landlord to maintain fit premises
33-1325. Limitation of liability
33-1326. Expired
33-1327. Expired
33-1328. Expired
33-1329. Regulation of rents; authority
ARTICLE 3. TENANT OBLIGATIONS
Section
33-1341. Tenant to maintain dwelling unit
33-1342. Rules and regulations
33-1343. Access
33-1344. Tenant to use and occupy as a dwelling
unit
ARTICLE 4. REMEDIES
Section
33-1361. Noncompliance by the landlord
33-1362. Failure to deliver possession
33-1363. Self-help for minor defects
33-1364. Wrongful failure to supply heat, air con-ditioning,
cooling, water, hot water or
essential services
33-1365. Landlord’s noncompliance as defense to
action for possession or rent
33-1366. Fire or casualty damage
33-1367. Tenant’s remedies for landlord’s unlaw-ful
ouster, exclusion or diminution of
services
33-1368. Noncompliance with rental agreement
by tenant; failure to pay rent; utility dis-continuation;
liability for guests; defini-tion
33-1369. Failure to maintain
33-1370. Abandonment; notice; remedies; per-sonal
property; definition
33-1371. Acceptance of partial payments
33-1372. Landlord liens; distraint for rent
33-1373. Remedy after termination
33-1374. Recovery of possession limited
33-1375. Periodic tenancy; hold-over remedies
33-1376. Landlord and tenant remedies for abuse
of access
33-1377. Special detainer actions; service; trial
postponement
ARTICLE 5. RETALIATORY ACTION
Section
33-1381. Retaliatory conduct prohibited
ARTICLE 1. GENERAL PROVISIONS
§ 33-1301. Short title
This chapter shall be known and may be cited as the Ari-zona
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 ten-ant.
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; enforce-ment
A. The remedies provided by this chapter shall be so
administered that the aggrieved party may recover
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
5
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 agree-ment,
wherever made, for a dwelling unit located within
this state.
§ 33-1308. Exclusions from application of chap-ter
Unless created to avoid the application of this chapter,
the following arrangements are not covered by this chap-ter:
1. Residence at an institution, public or private, if inci-dental
to detention or the provision of medical, edu-cational,
counseling or religious services.
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 orga-nization
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 man-ager
or custodian whose right to occupancy is condi-tional
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 pursu-ant
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 appropri-ate
court by the service of process in the manner pro-vided
by this section.
B. If a landlord is not a resident of this state or is a cor-poration
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 corpora-tion
authorized to do business in this state. The des-ignation
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 § 33-1322, subsec-tions
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 sec-tion
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 affi-davit
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 respon-dent
has not complied with § 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 concern-ing
fitness for habitation, or the construction,
maintenance, operation, occupancy, use or
appearance of any premises, or dwelling unit.
3. “Delivery of possession” means returning dwell-ing
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 main-tain
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 con-duct
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 pre-mises
who fails to disclose as required by § 33-
1322.
7. “Organization” includes a corporation, govern-ment,
governmental subdivision or agency, busi-ness
trust, estate, trust, partnership or
association, two or more persons having a joint
or common interest and any other legal or com-mercial
entity which is a landlord, owner, man-ager
or constructive agent pursuant to § 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 benefi-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
6
cial 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 struc-ture
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 land-lord
in full consideration for the rented pre-mises.
12. “Rental agreement” means all agreements, writ-ten,
oral or implied by law, and valid rules and
regulations adopted under § 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 reason-able
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 agree-ment
currently in effect not including any
wrongful holdover period.
Amended by Laws 1995, Ch. 219, § 3, effective July 13,
1995.
§ 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 fol-lowing:
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 uncon-scionable
provision, or limit the application of
any unconscionable provision to avoid an uncon-scionable
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 pro-vision,
or limit the application of any unconscio-nable
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 evi-dence
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 knowl-edge
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 ormailed 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 § 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 designa-tion,
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 particu-lar
transaction from the time it is brought to the
attention of the individual conducting the transac-tion
and in any event from the time it would have
been brought to this 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 govern-ing
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 oth-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
7
erwise in equal monthly installments at the begin-ning
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 day written notice to
the tenant may adjust the amount of rent due to
equal the difference caused by new percentage
amount of 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 pur-suant
to this subsection, the landlord’s right to
adjust rent pursuant to this subsection shall be dis-closed
in the rental agreement.
Amended by Laws 1995, Ch. 219, § 4, effective July 13,
1995.
§ 33-1314.01. Utility charges; submetering; alloca-tion;
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 sys-tem.
B. If a landlord charges separately for a utility pursu-ant
to subsection A, the landlord may recover the
charges imposed on the landlord by the utility pro-vider
plus an administrative fee for the landlord for
actual administrative costs only. The landlord shall
not impose any additional charges. The rental agree-ment
shall contain a disclosure that lists the utility
services that are charged separately and shall spec-ify
the amount of any administrative fee that is asso-ciated
with submetering or the use of a ratio utility
billing system.
C. If provided in the rental agreement, the landlord
may impost a submetering system or ratio utility
billing system during the term of a rental agreement
if the landlord provides notice as prescribed by sub-section
G.
D. If a landlord is not in compliance with subsection B,
the tenant shall first object in writing to the land-lord
regarding the utility billing. If the dispute is not
resolved, the tenant may file a civil complaint in jus-tice
court to enforce this section.
E. If a landlord uses an allocation or submetering sys-tem,
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 read-ings.
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, waste-water,
solid waste removal or electricity, the land-lord
may allocate the costs to each tenant by using
one or more of the following ratio utility billing sys-tem
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 individ-ually
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 agree-ment
shall contain a specific description of the ratio
utility billing method used to allocate utility costs.
For any existing tenancies, the landlord shall pro-vide
at least ninety days’ notice to the tenant before
the landlord begins using a submetering system or
allocating costs through a ratio utility billing sys-tem.
H. For purposes of regulating apartment communities
as public or consecutive water systems, the depart-ment
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 sys-tem
or a ratio utility billing system as the sole basis
for regulating an apartment community as a public
or consecutive water system.
Added by Laws 2000, Ch. 203, § 1, effective July 18, 2000.
§ 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’s fees,
except an agreement in writing may provide
that attorney’s fees may be awarded to the pre-vailing
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 § 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.
B. A provision prohibited by subsection A of this section
included in a rental agreement is unenforceable. If a
landlord deliberately uses a rental agreement con-taining
provisions known by him to be prohibited,
the tenant may recover actual damages sustained by
him and not more than two months’ periodic rent.
§ 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 § 33-1324, subsec-tion
A.
§ 33-1317. Discrimination by landlord or lessor
against tenant with children prohibited; classifica-tion;
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 rea-son
that the other person has a child or children, or
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
8
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 circu-lation,
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 § 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 the following:
1. Injunctive or declaratory relief to correct the
violation.
2. Actual damages sustained by the tenant or pro-spective
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 per-sons
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.
Amended by Laws 1991, Ch. 181, § 2, effective September
21, 1991, retroactively effective to July 1, 1991. Amended
by Laws 1994, Ch. 355, § 2, effective July 17, 1994.
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 pre-mises
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 ten-ant
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 land-lord
has reasonable cause to fear violence or intimi-dation
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 sub-ject
to a landlord’s duty to mitigate, all charges as
specified in the signed lease agreement, or as pro-vided
in this chapter, including the amount of dam-ages
which the landlord has suffered by reason of
the tenant’s noncompliance with § 33-1341. Within
fourteen days, excluding Saturdays, Sundays or
other legal holidays, after termination of the ten-ancy
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, by regular 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 with-held.
F. This section does not preclude the landlord or tenant
from recovering other damages to which the land-lord
or tenant may be entitled under this chapter.
G. The holder of the landlord’s interest in the premises
at the time of the termination of the tenancy is
bound by this section.
Amended by Laws 1989, Ch. 133, § 1, effective September
15, 1989. Amended by Laws 1995, Ch. 219, § 5, effective
July 13, 1995.
§ 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 fol-lowing:
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 pur-pose
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 ten-ant
act is available through the Arizona secretary of
state’s office.
C. The information required to be furnished by this sec-tion
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.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
9
2. Performing the obligations of the landlord under
this chapter and under the rental agreement
and expending or making available for the pur-pose
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 ten-ant,
as the case may be, of the rental agreement.
Amended by Laws 1995, Ch. 219, § 6, effective July 13,
1995.
§ 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 com-pliance
with the rental agreement and § 33-1324. The
landlord may bring an action for possession against any
person wrongfully in possession and may recover the
damages provided in § 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 habit-able
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, gar-bage,
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 con-structed
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 consid-eration,
that the tenant perform the landlord’s
duties specified in subsection A, paragraphs 5 and 6
of this section, and also specified repairs, mainte-nance
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 land-lord
and the work is not necessary to cure noncom-pliance
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 sup-ported
by adequate consideration.
2. The work is not necessary to cure noncompli-ance
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.
Amended by Laws 1995, Ch. 219, § 7, effective July 13,
1995. Amended by Laws 2000, Ch. 203, § 2, effective July
18, 2000.
§ 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 con-veyance.
He remains liable to the tenant for any
property and money to which the tenant is entitled
under § 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.
§ 33-1326. Expired
Expired January 1, 1985, except as to prior notice.
§ 33-1327. Expired
Expired January 1, 1985, except as to prior notice.
§ 33-1328. Expired
Expired January 1, 1985, except as to prior notice.
§ 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 cit-ies,
or towns shall not have the power to control
rents.
B. The provisions of subsection A shall not apply to res-idential
property which is owned, financed, insured
or subsidized by any state agency, or by any city,
including charter city, or town.
ARTICLE 3. TENANT OBLIGATIONS
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
10
§ 33-1341. Tenant to maintain dwelling unit
The tenant shall:
1. Comply with all obligations primarily imposed
upon tenants by applicable provisions of build-ing
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, rub-bish,
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 pre-mises
or knowingly permit any person to do so.
7. Conduct himself and require other persons on
the premises with his consent to conduct them-selves
in a manner that will not disturb his
neighbors’ peaceful enjoyment of the premises.
§ 33-1342. Rules and regulations
A. A landlord, from time to time, may adopt rules or
regulations, however described, concerning the ten-ant’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
ormust not do to comply.
5. They are not for the purpose of evading the obli-gations
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.
Amended by Laws 1995, Ch. 219, § 8, effective July 13,
1995.
§ 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 improve-ments,
supply necessary or agreed services or
exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen or con-tractors.
B. The landlord may enter the dwelling unit without
consent of the tenant in case of emergency.
C. The landlord shall not abuse the right to access or
use it to harass the tenant. Except in case of emer-gency
or if it is impracticable to do so, the landlord
shall give the tenant at least two days’ notice of his
intent to enter and enter only at reasonable times.
D. The landlord has no other right of access except by
court order and as permitted by §§ 33-1369 and 33-
1370, or if the tenant has abandoned or surrendered
the premises.
§ 33-1344. Tenant to use and occupy as a dwell-ing
unit
Unless otherwise agreed, the tenant shall occupy his
dwelling unit only as a dwelling unit.
ARTICLE 4. REMEDIES
§ 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 land-lord
specifying the acts and omissions constituting
the breach and that the rental agreement will termi-nate
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 § 33-1324 materially affecting health and
safety, the tenant may deliver a written notice to the
landlord specifying the acts and omissions constitut-ing
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 shall include availability of the unit,
except when a holdover tenant is in illegal posses-sion
or in violation of the rental agreement, the con-dition
of the premises and any current services as
represented by the landlord in writing as well as any
written representation, as well as any representa-tion
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 ser-vices.
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 land-lord
adequately remedies the breach prior to the
date specified in the notice, the rental agree-ment
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
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
11
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 § 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 § 33-1321.
Amended by Laws 1995, Ch. 219, § 9, effective July 13,
1995.
§ 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 § 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, main-tain
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 posses-sion
to the tenant because of noncompliance with §
33-1324, rent shall not abate. Tenant may proceed
with the remedies provided for in § 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 dam-ages
sustained by him, whichever is greater.
§ 33-1363. Self-help for minor defects
A. If the landlord fails to comply with § 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 §
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 ten-ant
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 state-ment
and a waiver of lien, deduct from his rent the
actual and reasonable cost of the work, not exceed-ing
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 negli-gent
act or omission of the tenant, a member of the
tenant’s family or other person on the premises with
the tenant’s consent.
Amended by Laws 1995, Ch. 219, § 10, effective July 13,
1995.
§ 33-1364. Wrongful failure to supply heat, air
conditioning, cooling, water, hot water or essen-tial
services
A. If contrary to the rental agreement or § 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 follow-ing:
1. Procure reasonable amounts of hot water, run-ning
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 shut-off by
arranging to have services transferred to the
tenant’s name, the tenant may either individu-ally
or collectively with other tenants arrange
with the utility company to pay the utility bill
after written notice to the landlord of the ten-ant’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 con-tinue
to make such payments to the utility com-pany
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 noncompli-ance.
In the event the periodic cost of such sub-stitute
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 pur-suant
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 agree-ment,
except as necessary to make needed repairs or
as provided in § 33-1368. Subsequent to the execu-tion
of the rental agreement, a landlord may not
transfer the responsibility for payment of such util-ity
services to the tenant without the tenant’s writ-ten
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 ten-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
12
ant’s right to recover damages as specified in § 33-
1367.
E. A lease agreement shall not contain any terms con-trary
to this section.
F. In addition to the remedy provided in paragraph 3 of
subsection A of this section, in the event the land-lord’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 § 33-1361 or § 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 delib-erate
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.
Amended by Laws 1995, Ch. 219, § 11, effective July 13,
1995.
§ 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 ten-ant
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 deter-mine
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 pos-session.
B. In an action for rent where the tenant is not in pos-session,
the tenant may counterclaim as provided in
subsection A but the tenant is not required to pay
any rent into court.
Amended by Laws 1995, Ch. 219, § 12, effective July 13,
1995.
§ 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 enjoy-ment
of the dwelling unit is substantially impaired,
the tenant may do either of the following:
1. Immediately vacate the premises and notify the
landlord in writing within fourteen days there-after
of his intention to terminate the rental
agreement, in which case the rental agreement
terminates as of the date of vacating.
2. If continued occupancy is lawful, vacate any
part of the dwelling unit rendered unusable by
the fire or casualty, in which case the tenant’s
liability for rent is reduced in proportion to the
diminution in the fair rental value of the dwell-ing
unit.
B. If the rental agreement is terminated the landlord
shall return all security recoverable under § 33-
1321. Accounting for rent in the event of termination
or apportionment is to occur as of the date the ten-ant
vacates all or part of the dwelling unit.
§ 33-1367. Tenant’s remedies for landlord’s
unlawful ouster, exclusion or diminution of ser-vices
If the landlord unlawfully removes or excludes the ten-ant
from the premises or wilfully diminishes services to
the tenant by interrupting or causing the interruption of
electric, gas, water or other essential service to the ten-ant,
the tenant may recover possession or terminate the
rental agreement and, in either case, recover an amount
not more than two months’ periodic rent or twice the
actual damages sustained by him, whichever is greater.
If the rental agreement is terminated the landlord shall
return all security recoverable under § 33-1321.
§ 33-1368. Noncompliance with rental agree-ment
by tenant; failure to pay rent; utility discon-tinuation;
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 information provided on the rental application,
the landlord may deliver a written notice to the ten-ant
specifying the acts and omissions constituting
the breach and that the rental agreement will termi-nate
upon a date not less than ten days after receipt
of the notice if the breach is not remedied in ten
days. For the purposes of this section, material falsi-fication
shall include the following untrue or mis-leading
information about the:
1. Number of occupants in the dwelling unit, pets,
income of prospective tenant, social security
number and current employment listed on the
application or lease agreement.
2. Tenant’s criminal records, prior eviction record
and current criminal activity. Material falsifica-tion
of information in this paragraph is not cur-able
under this section.
If there is a noncompliance by the tenant with § 33-
1341 materially affecting health and safety, the
landlord may deliver a written notice to the tenant
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.
However, if the breach is remediable by repair or the
payment of damages or otherwise, and the tenant
adequately remedies the breach before the date
specified in the notice, the rental agreement will not
terminate. If there is an additional act of these types
of noncompliance of the same or a similar nature
during the term of the lease after the previous rem-edy
of noncompliance, the landlord may institute a
special detainer action pursuant to § 33-1377 ten
days after delivery of a written notice advising the
tenant that a second noncompliance of the same or a
similar nature has occurred. If there is a breach that
is both material and irreparable and that occurs on
the premises, including but not limited to an illegal
discharge of a weapon, homicide as defined in §§ 13-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
13
1102 through 13-1105, prostitution as defined in §
13-3211, criminal street gang activity as prescribed
in § 13-105, activity as prohibited in § 13-2308, the
unlawful manufacturing, selling, transferring, pos-sessing,
using or storing of a controlled substance as
defined in § 13-3451, threatening or intimidating as
prohibited in § 13-1202, assault as prohibited in §
13-1203, acts that have been found to constitute a
nuisance pursuant to § 12-991 or a breach of the
lease agreement that otherwise jeopardizes the
health, safety and welfare of the landlord, the land-lord’s
agent or another tenant or involving imminent
or actual serious property damage, the landlord may
deliver a written notice for immediate termination of
the rental agreement and shall proceed under § 33-
1377.
B. A tenant may not withhold rent for any reason not
authorized by this chapter. If rent is unpaid when
due and the tenant fails to pay rent within five days
after written notice by the landlord of nonpayment
and the landlord’s intention to terminate the rental
agreement if the rent is not paid within that period
of time, the landlord may terminate the rental
agreement by filing a special detainer action pursu-ant
to § 33-1377. Before the filing of a special
detainer action the rental agreement shall be rein-stated
if the tenant tenders all past due and unpaid
periodic rent and a reasonable late fee set forth in a
written rental agreement. After a special detainer
action is filed the rental agreement is reinstated
only if the tenant pays all past due rent, reasonable
late fees set forth in a written rental agreement,
attorney fees and court costs. After a judgment has
been entered in a special detainer action in favor of
the landlord, any reinstatement of the rental agree-ment
is solely in the discretion of the landlord.
C. The landlord may recover all reasonable damages,
resulting from noncompliance by the tenant with the
rental agreement or § 33-1341 or occupancy of the
dwelling unit, court costs, reasonable attorney fees
and all quantifiable damage caused by the tenant to
the premises.
D. The landlord may discontinue utility services pro-vided
by the landlord on the day following the day
that a writ of restitution or execution is executed
pursuant to § 12-1181. Disconnections shall be per-formed
only by a person authorized by the utility
whose service is being discontinued. Nothing in this
section shall supersede standard tariff and opera-tional
procedures that apply to any public service
corporation, municipal corporation or special dis-tricts
providing utility services in this state.
E. The landlord shall hold the tenant’s personal prop-erty
for a period of twenty-one days beginning on the
first day after a writ of restitution or writ of execu-tion
is executed as prescribed in § 12-1181. The land-lord
shall use reasonable care in moving and holding
the tenant's property and may store the tenant’s
property in an unoccupied dwelling unit owned by
the landlord, the unoccupied dwelling unit formerly
occupied by the tenant or off the premises if an unoc-cupied
dwelling unit is not available. If the tenant’s
former dwelling unit is used to store the property,
the landlord may change the locks on that unit at
the landlord’s discretion. The landlord shall prepare
an inventory and promptly notify the tenant of the
location and cost of storage of the personal property
by sending a notice by certified mail, return receipt
requested, addressed to the tenant’s last known
address and to any of the tenant’s alternative
addresses known to the landlord. To reclaim the per-sonal
property, the tenant shall pay the landlord
only for the cost of removal and storage for the time
the property is held by the landlord. Within five
days after a written offer by the tenant to pay these
charges the landlord must surrender possession of
the personal property in the landlord’s possession to
the tenant upon the tenant’s tender of payment. If
the landlord fails to surrender possession of the per-sonal
property to the tenant, the tenant may recover
the possessions or an amount equal to the damages
determined by the court if the landlord has
destroyed or disposed of the possessions before the
twenty-one days specified in this section or after the
tenant’s offer to pay. The tenant shall pay all
removal and storage costs accrued through the fifth
day after the tenant’s offer to pay is received by the
landlord or the date of delivery or surrender of the
property, whichever is sooner. Payment by the ten-ant
relieves the landlord of any further responsibil-ity
for the tenant’s possessions.
F. A tenant does not have any right of access to that
property until all payments specified in subsection E
of this section have been made in full, except that
the tenant may obtain clothing and the tools, appa-ratus
and books of a trade or profession and identifi-cation
or financial documents including all those
related to the tenant’s immigration status, employ-ment
status, public assistance or medical care. If the
landlord holds the property for the twenty-one day
period and the tenant does not make a reasonable
effort to recover it, the landlord, upon the expiration
of twenty-one days as provided in this subsection,
may administer the personal property as provided in
§ 33-1370, subsection E. The landlord shall hold per-sonal
property after a writ of restitution or writ of
execution is executed for not more than twenty-one
days after such an execution. Nothing in this subsec-tion
shall preclude the landlord and tenant from
making an agreement providing that the landlord
will hold the personal property for a period longer
than twenty-one days.
G. For the purposes of this chapter, the tenant shall be
held responsible for the actions of the tenant’s
guests that violate the lease agreement or rules or
regulations of the landlord if the tenant could rea-sonably
be expected to be aware that such actions
might occur and did not attempt to prevent those
actions to the best of the tenant’s ability.
H. For purposes of this section, “days” means calendar
days.
Amended by Laws 1989, Ch. 67, § 1; Laws 1989, Ch. 246,
§ 4, effective September 15, 1989. Amended by Laws 1992,
Ch. 304, § 3, effective September 30, 1992; Amended by
Laws 1994, Ch. 200, § 22, effective April 19, 1994.
Amended by Laws 1995, Ch. 219, § 13, effective July 13,
1995. Amended by Laws 1999, Ch. 4, § 8, effective August
6, 1999.
§ 33-1369. Failure to maintain
If there is noncompliance by the tenant with § 33-1341
materially affecting health and safety that can be reme-died
by repair, replacement of a damaged item or clean-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
14
ing and the tenant fails to comply as promptly as
conditions require in case of emergency or within four-teen
days after written notice by the landlord specifying
the breach and requesting that the tenant remedy it
within that period of time, the landlord may enter the
dwelling unit and cause the work to be done in a work-manlike
manner and submit an itemized bill for the
actual and reasonable cost or the fair and reasonable
value thereof as rent on the next date when periodic rent
is due, or if the rental agreement has terminated, for
immediate payment.
§ 33-1370. Abandonment; notice; remedies; per-sonal
property; definition
A. If a dwelling unit is abandoned after the time pre-scribed
in subsection H of this section, the landlord
shall send the tenant a notice of abandonment by
certified mail, return receipt requested, addressed to
the tenant’s last known address and to any of the
tenant’s alternate addresses known to the landlord.
The landlord shall also post a notice of abandonment
on the door to the dwelling unit or any other conspic-uous
place on the property for five days.
B. Five days after notice of abandonment has been both
posted and mailed, the landlord may retake the
dwelling unit and rerent the dwelling unit at a fair
rental value if no personal property remains in the
dwelling unit. After the landlord retakes the dwell-ing
unit, money held by the landlord as a security
deposit is forfeited and shall be applied to the pay-ment
of any accrued rent and other reasonable costs
incurred by the landlord by reason of the tenant’s
abandonment.
C. If the tenant abandons the dwelling unit, the land-lord
shall make reasonable efforts to rent it at a fair
rental. If the landlord rents the dwelling unit for a
term beginning prior to the expiration of the rental
agreement, it is deemed to be terminated as of the
date the new tenancy begins. If the landlord fails to
use reasonable efforts to rent the dwelling unit at a
fair rental or if the landlord accepts the abandon-ment
as a surrender, the rental agreement is
deemed to be terminated by the landlord as of the
date the landlord has notice of the abandonment. If
the tenancy is from month to month or week to
week, the term of the rental agreement for this pur-pose
shall be deemed to be a month or a week, as the
case may be.
D. After the landlord has retaken possession of the
dwelling unit, the landlord may store the tenant’s
personal possessions in the unoccupied dwelling unit
that was abandoned by the tenant, in any other
available unit or any storage space owned by the
landlord or off the premises if a dwelling unit or
storage space is not available. The landlord shall
notify the tenant of the location of the personal prop-erty
in the same manner prescribed in subsection A
of this section.
E. The landlord shall hold the tenant’s personal prop-erty
for a period of ten days after the landlord’s dec-laration
of abandonment. The landlord shall use
reasonable care in holding the tenant’s personal
property. If the landlord holds the property for this
period and the tenant makes no reasonable effort to
recover it, the landlord may sell the property, retain
the proceeds and apply them toward the tenant’s
outstanding rent or other costs which are covered in
the lease agreement or otherwise provided for in
Title 33, Chapter 10 or Title 12, Chapter 8 and have
been incurred by the landlord due to the tenant’s
abandonment. Any excess proceeds shall be mailed
to the tenant at the tenant’s last known address. A
tenant does not have any right of access to that prop-erty
until the actual removal and storage costs have
been paid in full, except that the tenant may obtain
clothing and the tools, apparatus and books of a
trade or profession and any identification or finan-cial
documents, including al those related to the ten-ant’s
immigration status, employment status, public
assistance or medical care. If provided by a written
rental agreement, the landlord may destroy or other-wise
dispose of some or all of the property if the
landlord reasonably determines that the value of the
property is so low that the cost of moving, storage
and conducting a public sale exceeds the amount
that would be realized from the sale.
F. For a period of twelve months after the sale the
landlord shall:
1. Keep adequate records of the outstanding and
unpaid rent and the sale of the tenant’s personal
property.
2. Hold any excess proceeds which have been
returned as undeliverable for the benefit of the
tenant.
G. If the tenant notifies the landlord in writing on or
before the date the landlord sells or otherwise dis-poses
of the personal property that the tenant
intends to remove the personal property from the
dwelling unit or the place of safekeeping, the tenant
has five days to reclaim the personal property. To
reclaim the personal property the tenant must only
pay the landlord for the cost of removal and storage
for the period the tenant’s personal property
remained in the landlord’s safekeeping.
H. In this section “abandonment” means either the
absence of the tenant from the dwelling unit, with-out
notice to the landlord for at least seven days, if
rent for the dwelling unit is outstanding and unpaid
for ten days and there is no reasonable evidence
other than the presence of the tenant’s personal
property that the tenant is occupying the residence
or the absence of the tenant for at least five days, if
the rent for the dwelling unit is outstanding and
unpaid for five days and none of the tenant’s per-sonal
property is in the dwelling unit.
Amended by Laws 1995, Ch. 219, § 14, effective July 13,
1995.
§ 33-1371. Acceptance of partial payments
A. A landlord is not required to accept a partial pay-ment
of rent or other charges. A landlord accepting a
partial payment of rent or other charges retains the
right to proceed against a tenant only if the tenant
agrees in a contemporaneous writing to the terms
and conditions of the partial payment with regard to
continuation of the tenancy. The written agreement
shall contain a date on which the balance of the rent
is due. The landlord may proceed as provided in arti-cle
4 of this chapter and in title 12, chapter 8 against
a tenant in breach of this agreement or any other
breach of the original rental agreement. If the land-lord
has provided the tenant with a notice of failure
to pay rent as specified in § 33-1368, subsection B
prior to the completion of the agreement for partial
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
15
payment, no additional notice under § 33-1368, sub-section
B is required in case of a breach of the par-tial
payment agreement.
B. Except as specified in subsection A of this section,
acceptance of rent, or any portion thereof, with
knowledge of a default by tenant or acceptance of
performance by the tenant that varied from the
terms of the rental agreement or rules or regulations
subsequently adopted by the landlord constitutes a
waiver of the right to terminate the rental agree-ment
for that breach.
Amended by Laws 1992, Ch. 304, § 4, effective September
30, 1992. Amended by Laws 1995, Ch. 219, § 15, effective
July 13, 1995.
§ 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 of this
chapter.
B. Distraint for rent is abolished.
§ 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 breach of the rental agree-ment.
§ 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, willful diminu-tion
of services to the tenant by interrupting or causing
the interruption of electric, gas, water or other essential
service to the tenant, except in case of abandonment,
surrender or as permitted in this chapter.
Amended by Laws 1995, Ch. 219, § 16, effective July 13,
1995.
§ 33-1375. Periodic tenancy; hold-over reme-dies
A. The landlord or the tenant may terminate a week-to-week
tenancy by a written notice given to the other
at least ten days prior to the termination date speci-fied
in the notice.
B. The landlord or the tenant may terminate a month-to-
month tenancy by a written notice given to the
other at least thirty days prior to the periodic rental
date specified in the notice.
C. If the tenant remains in possession without the
landlord's consent after expiration of the term of the
rental agreement or its termination, the landlord
may bring an action for possession and if the ten-ant’s
holdover is willful and not in good faith the
landlord, in addition, may recover an amount equal
to not more than two months’ periodic rent or twice
the actual damages sustained by the landlord,
whichever is greater. If the landlord consents in
writing to the tenant’s continued occupancy, § 33-
1314, subsection D applies.
Amended by Laws 1995, Ch. 219, § 17, effective July 13,
1995.
§ 33-1376. Landlord and tenant remedies for
abuse of access
A. If the tenant refuses to allow lawful access, the land-lord
may obtain injunctive relief to compel access, or
terminate the rental agreement. In either case, the
landlord may recover actual damages.
B. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful but which have
the effect of unreasonably harassing the tenant, the
tenant may obtain injunctive relief to prevent the
recurrence of the conduct or terminate the rental
agreement. In either case, the tenant may recover
actual damages not less than an amount equal to
one month’s rent.
§ 33-1377. Special detainer actions; service;
trial postponement
A. Special detainer actions shall be instituted for reme-dies
prescribed in § 33-1368. Except as provided in
this section, the procedure and appeal rights pre-scribed
in title 12, chapter 8, article 4 apply to spe-cial
detainer actions.
B. The summons shall be issued on the day the com-plaint
is filed and shall command the person against
whom the complaint is made to appear and answer
the complaint at the time and place named which
shall be not more than six nor less than three days
from the date of the summons. The tenant is deemed
to have received the summons three days after the
summons is mailed if personal service is attempted
and within one day of issuance of the summons a
copy of the summons is conspicuously posted on the
main entrance of the tenant’s residence and on the
same day the summons is sent by certified mail,
return receipt requested, to the tenant’s last known
address. The summons in a special detainer action
shall be served at least two days before the return
day and the return day made on the day assigned for
trial. Service of process in this manner shall be
deemed the equivalent of having served the tenant
in person for the purposes of awarding a money
judgment for all rent, damages, costs and attorney
fees due.
C. For good cause shown supported by an affidavit, the
trial may be postponed for not more than three days
in a justice court or five days in the superior court.
D. In addition to determining the right to actual posses-sion,
the court may assess damages, attorney fees
and costs as prescribed by law.
E. If a complaint is filed alleging a material and irrepa-rable
breach pursuant to § 33-1368, subsection A,
the summons shall be issued as provided in subsec-tion
B of this section, except that the trial date and
return date shall be set no later than the third day
following the filing of the complaint. If after the
hearing the court finds by preponderance of the evi-dence
that the material and irreparable breach did
occur, the court shall order restitution in favor of the
plaintiff not less than twelve nor more than twenty-four
hours later.
F. If the defendant is found guilty, the court shall give
judgment for the plaintiff for restitution of the pre-mises,
for late charges stated in the rental agree-ment,
for costs and, at the plaintiff’s option, for all
rent found to be due and unpaid through the peri-odic
rental period provided for in the rental agree-
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
16
ment as described in § 33-1314, subsection C and
shall grant a writ of restitution.
G. If the defendant is found not guilty, judgment shall
be given for the defendant against the plaintiff for
costs, and if it appears that the plaintiff has
acquired possession of the premises since commence-ment
of the action, a writ of restitution shall issue in
favor of the defendant.
Amended by Laws 1992, Ch. 304, § 5, effective September
30, 1992. Amended by Laws 1995, Ch. 219, § 18, effective
July 13, 1995.
ARTICLE 5. RETALIATORY ACTION
§ 33-1381. Retaliatory conduct prohibited
A. Except as provided in this section, a landlord may
not retaliate by increasing rent or decreasing ser-vices
or by bringing or threatening to bring an action
for possession after any of the following:
1. The tenant has complained to a governmental
agency charged with responsibility for enforce-ment
of a building or housing code of a violation
applicable to the premises materially affecting
health and safety.
2. The tenant has complained to the landlord of a
violation under § 33-1324.
3. The tenant has organized or become a member
of a tenants’ union or similar organization.
4. The tenant has complained to a governmental
agency charged with the responsibility for
enforcement of the wage-price stabilization act.
B. If the landlord acts in violation of subsection A of
this section, the tenant is entitled to the remedies
provided in § 33-1367 and has a defense in action
against him for possession. In an action by or
against the tenant, evidence of a complaint within
six months prior to the alleged act of retaliation cre-ates
a presumption that the landlord’s conduct was
in retaliation. The presumption does not arise if the
tenant made the complaint after notice of termina-tion
of the rental agreement. “Presumption”, in this
subsection, means that the trier of fact must find the
existence of the fact presumed unless and until evi-dence
is introduced which would support a finding of
its nonexistence.
C. Notwithstanding subsections A and B of this section,
a landlord may bring an action for possession if
either of the following occurs:
1. The violation of the applicable building or hous-ing
code was caused primarily by lack of reason-able
care by the tenant or other person in his
household or upon the premises with his con-sent.
2. The tenant is in default in rent.
The maintenance of the action does not release the
landlord from liability under § 33-1361, subsection
B.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
17
TITLE 33. PROPERTY
CHAPTER 17. RESIDENTIAL RENTAL PROPERTY
ARTICLE 1. GENERAL PROVISIONS
Section
33-1901. Definitions
33-1902. Residential rental property; recording
with the assessor; agent designation;
civil penalty
33-1903. Appointment of temporary receiver;
term; duties, accounting
33-1904. Inspections
33-1905. Slum property; appeal
ARTICLE 1. GENERAL PROVISIONS
§ 33-1901. Definitions
In this article, unless the context otherwise requires:
1. “Managing agent” means a person, corporation,
partnership or limited liability company that is
authorized by the owner to operate and manage
the property.
2. “Residential rental property” means property
that is used solely as leased or rented property
for residential purposes. If the property is a
space rental mobile home park, residential
rental property includes the rental space that is
leased or rented by the owner of that rental
space but does not include the mobile home or
recreational vehicle that serves as the actual
dwelling if the dwelling is owned and occupied
by the tenant of the rental space and not by the
owner of the rental space.
3. “Slum property” means residential rental prop-erty
that has deteriorated or is in a state of dis-repair
and that manifests one or more of the
following conditions that are a danger to the
health or safety of the public:
(a) Structurally unsound exterior surfaces,
roof, walls, doors, floors, stairwells, porches
or railings.
(b) Lack of potable water, adequate sanitation
facilities, adequate water or waste pipe con-nections.
(c) Hazardous electrical systems or gas connec-tions.
(d) Lack of safe, rapid egress.
(e) Accumulation of human or animal waste,
medical or biological waste, gaseous or com-bustible
materials, dangerous or corrosive
liquids, flammable or explosive materials or
drug paraphernalia.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 10, effective
July 18, 2000.
§ 33-1902. Residential rental property; record-ing
with the assessor; agent designation; civil pen-alty
A. An owner of residential rental property shall main-tain
with the assessor in the county where the prop-erty
is located information required by this section
in a manner to be determined by the assessor. The
owner shall update any information required by this
section within ten days after a change in the infor-mation
occurs. The following information shall be
maintained:
1. The name, address and telephone number of the
property owner.
2. If the property is owned by a corporation, lim-ited
liability company, partnership, limited
partnership, trust or real estate investment
trust, the name, address and telephone number
of any of the following:
(a) For a corporation, a corporate officer.
(b) For a partnership, a general partner.
(c) For a limited liability company, the manag-ing
or administrative member.
(d) For a limited partnership, a general part-ner.
(e) For a trust, a trustee.
(f) For real estate investment trust, a general
partner or an officer.
3. The street address and parcel number of the
property.
4. The year the building was built.
B. An owner of residential rental property who lives
outside this state shall designate and record with
the assessor a statutory agent who lives in this state
and who will accept legal service on behalf of the
owner. The owner shall designate the agent in a
manner to be determined by the assessor. The infor-mation
shall include the name, address and tele-phone
number of the agent.
C. Residential rental property shall not be occupied if
the information required by this section is not on file
with the county assessor. This subsection does not
affect any existing lease.
D. All records, files and documents that are required by
this section are public records.
E. A person who fails to comply with any provision of
this section shall be assessed a civil penalty of one
thousand dollars, plus an additional one hundred
dollars for each month after the date of the original
violation until compliance occurs. The court shall
not suspend any portion of the civil penalty provided
by this subsection.
F. Notwithstanding subsection E of this section, if a
person complies within ten days after receiving the
complaint that notices the violation, the court shall
dismiss the complaint and shall not impose a civil
penalty.
G. In carrying out the provisions of this section the
county assessor shall have immunity as provided in
section 12-820.01.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 11, effective
July 18, 2000.
§ 33-1903. Appointment of temporary receiver;
term; duties, accounting
A. This state or a city, town or county of this state may
apply to the superior court for the appointment of a
temporary receiver to manage a property that is not
in compliance with section 33-1902 and that is desig-nated
as a slum property by a city, town or county or
the state.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
18
B. If the court determines that the appointment of a
temporary receiver is necessary to remedy the condi-tion
for which the property is registered or to cause
the owner to register the property, the court may
order the appointment of a temporary receiver to
manage or operate the premises for as long as the
court deems necessary. The court shall not appoint a
temporary receiver for a term of more than one year.
C. A temporary receiver who is appointed pursuant to
subsection B of this section either shall be a real
estate licensee specializing in property management
or an attorney specializing in real estate law and
shall swear or affirm to faithfully and fairly dis-charge
the receiver’s duties. The court may require
the temporary receiver to post a bond in an amount
fixed by the court.
D. The court shall determine the following:
1. The management duties of the receiver.
2. The amount of compensation to be paid to the
receiver.
3. The method of payment.
4. The payment periods.
E. The temporary receiver shall continue to manage
the property during the pendency of any appeal or
until relieved by the court. The court may remove a
temporary receiver on its own motion or on the
motion of any party or the temporary receiver.
F. The temporary receiver may do any of the following:
1. Take control of the property.
2. Pay the mortgage on the property if there are
sufficient monies derived from the income of the
property to do so.
3. Collect rents due on the property.
4. Make or have made any repairs that are neces-sary
to bring the property into compliance with
any statute or ordinance.
5. Make payments that are necessary for the
maintenance or restoration of utilities to the
property.
6. Purchase materials that are necessary to make
repairs.
7. Renew, terminate or modify existing rental con-tracts
and leases as provided by law.
8. Enter into new rental contracts and leases.
9. Affirm, renew or terminate an existing insur-ance
contract that covers the property as pro-vided
by law.
10. Enter into a new contract that provides for
insurance coverage on the property.
11. Hire security or other personnel that are neces-sary
for the safe and proper operation and main-tenance
of the property.
12. Prosecute or defend suits that flow from the
management of the property and retain counsel.
13. Exercise all other authority that an owner of the
property would have except the authority to sell
the property.
G. Before the receiver spends monies in excess of ten
thousand dollars the court and the party who is
responsible for the payment of the temporary
receiver’s expenditures shall approve the expendi-ture
of those monies.
H. The costs of compensation to and expenditures by
the temporary receiver shall be paid in the following
order of priority:
1. From the income that is derived from the prop-erty
and that is available after all taxes and
mortgages are satisfied.
2. By the party who requested the appointment of
the temporary receiver.
I. On filing with the county recorder of the county in
which the property is located, a lien is created in
favor of the party who pays the temporary receiver’s
costs of compensation and expenditures other than
the defendant. The lien is prior to all other liens,
obligations or encumbrances except for prior
recorded mortgages, restitution liens, child support
liens and general tax liens.
J. On the completion of the receivership, the temporary
receiver shall file with the court a full accounting of
all costs and expenses incurred and all income
received during the course of the receivership.
K. On finding that the appointment of a temporary
receiver is no longer warranted, the court on its own
motion or the motion of any party may terminate the
temporary receivership.
L. On compliance with section 33-1902 and after all
violations have been cured, the temporary receiver-ship
shall be terminated.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 12, effective
July 18, 2000.
§ 33-1904. Inspections
A. In addition to any other statute or ordinance provid-ing
for the inspection of property, a city, town or
county or the state may inspect the residential
rental property if either of the following occurs:
1. A property owner fails to comply with the provi-sions
of section 33-1902. The property is subject
to immediate inspection until there is compli-ance.
If the property is occupied, the inspecting
authority shall request consent of the tenant
before entering the interior of the structure.
Except as otherwise provided by law, the right
of inspection does not extend to the interior of a
dwelling unit in a space rental mobile home
park or recreational vehicle park that is not
owned by a landlord unless the tenant is in pos-session
of the dwelling unit, or if the dwelling
unit is vacant or abandoned, the owner consents
to the inspection. If the tenant refuses to con-sent
to the entry, the inspecting authority has
recourse to any remedy provided by law to
secure entry.
2. A property has been designated as a slum prop-erty
by a city, town or county or the state. The
city, town, county or state may annually inspect
a property designated as a slum property for
three consecutive years. A city, town or county
or the state shall establish the process by which
a property is designated as a slum property.
B. The property owner is responsible for the costs of an
inspection that is conducted pursuant to this section.
If the property that is inspected is a dwelling unit in
a space rental mobile home park or recreational
vehicle park that is not owned by a landlord, the
owner of the dwelling unit is responsible for the
costs of the inspection.
C. On recording a penalty or inspection cost with the
recorder's office in the county in which the property
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
19
is located, the penalty or inspection cost is deemed to
be an assessment and is prior to all other liens, obli-gations
or encumbrances except for liens under title
12, chapter 7, article 12, prior recorded mortgages,
restitution liens, child support liens and general tax
liens. If the property that was inspected was a dwell-ing
unit in a space rental mobile home park or recre-ational
vehicle park that is not owned by a landlord,
a lien shall not be recorded against the owner of the
property other than the dwelling. the lien may be
filed with the department of transportation and, if
filed, has the same effect as otherwise provided for
in this section.
D. This section shall not affect any other statute or
ordinance pertaining to inspection of property.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999.
§ 33-1905. Slum property; appeal
A. A governmental agency that may designate a resi-dential
rental property as a slum property shall
establish procedures by which the owner of the prop-erty
may file an administrative appeal contesting
the designation of the property.
B. The decision at the hearing on the administrative
appeal is the final administrative decision.
C. A party may appeal the administrative decision pur-suant
to title 12, chapter 7, article 6.
Added by Laws 1999, Ch. 4, § 10, effective August 6,
1999. Amended by Laws 2000, Ch. 283, § 13, effective
July 18, 2000.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
20
TITLE 12. COURTS AND CIVIL PROCEEDINGS
CHAPTER 8. SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
ARTICLE 4. FORCIBLE ENTRY AND DETAINER
Section
12-1171. Acts which constitute forcible entry or
detainer
12-1172. Definition of forcible entry
12-1173. Definition of forcible detainer; substitu-tion
of parties
12-1173.01. Additional definition of forcible detainer
12-1174. Immateriality of time possession
obtained by tenant
12-1175. Complaint and answer; service and
return
12-1176. Demand for jury; trial procedure
12-1177. Trial and issue; postponement of trial
12-1178. Judgment; writ of restitution; limitation
on issuance
12-1179. Appeal to superior court; notice; bond
12-1180. Stay of proceedings on judgment; record
on appeal
12-1181. Trial and judgment on appeal; writ of
restitution
12-1182. Appeal to supreme court; stay and bond
12-1183. Proceedings no bar to certain actions
ARTICLE 4. FORCIBLE ENTRY AND DETAINER
§ 12-1171. Acts which constitute forcible entry
or detainer
A person is guilty of forcible entry and detainer, or of
forcible detainer, as the case may be, if he:
1. Makes an entry into any lands, tenements or
other real property, except in cases where entry
is given by law.
2. Makes such an entry by force.
3. Wilfully and without force holds over any lands,
tenements or other real property after termina-tion
of the time for which such lands, tenements
or other real property were let to him or to the
person under whom he claims, after demand
made in writing for the possession thereof by
the person entitled to such possession.
§ 12-1172. Definition of forcible entry
A “forcible entry,” or an entry where entry is not given by
law within the meaning of this article, is:
1. An entry without the consent of the person hav-ing
the actual possession.
2. As to a landlord, an entry upon the possession of
his tenant at will or by sufferance, whether with
or without the tenant’s consent.
§ 12-1173. Definition of forcible detainer; sub-stitution
of parties
There is a forcible detainer if:
1. A tenant at will or by sufferance or a tenant
from month to month or a lesser period whose
tenancy has been terminated retains possession
after his tenancy has been terminated or after
he receives written demand of possession by the
landlord.
2. The tenant of a person who has made a forcible
entry refuses for five days after written demand
to give possession to the person upon whose pos-session
the forcible entry was made.
3. A person who has made a forcible entry upon
the possession of one who acquired such posses-sion
by forcible entry refuses for five days after
written demand to give possession to the person
upon whose possession the first forcible entry
was made.
4. A person who has made a forcible entry upon
the possession of a tenant for a term refuses to
deliver possession to the landlord for five days
after written demand, after the term expires. If
the term expires while a writ of forcible entry
applied for by the tenant is pending, the land-lord
may, at his own cost and for his own bene-fit,
prosecute it in the name of the tenant.
Amended by Laws 1983, Ch. 234, § 1. Amended by Laws
1987, Ch. 263, Ch. 1.
§ 12-1173.01. Additional definition of forcible
detainer
A. In addition to other persons enumerated in this arti-cle,
a person in any of the following cases who
retains possession of any land, tenements or other
real property after he received written demand of
possession may be removed through an action for
forcible detainer filed with the clerk of the superior
court in accordance with this article:
1. If the property has been sold through the fore-closure
of a mortgage, deed of trust or contract
for conveyance of real property pursuant to title
33, chapter 6, article 2.
2. If the property has been sold through a trustee's
sale under a deed of trust pursuant to title 33,
chapter 6.1.
3. If the property has been forfeited through a con-tract
for conveyance of real property pursuant to
title 33, chapter 6, article 3.
4. If the property has been sold by virtue of an exe-cution
and the title has been duly transferred.
5. If the property has been sold by the owner and
the title has been duly transferred.
B. The remedies provided by this section do not affect
the rights of persons in possession under a lease or
other possessory right which is superior to the inter-est
sold, forfeited or executed upon.
C. The remedies provided by this section are in addi-tion
to and do not preclude any other remedy
granted by law.
Added by Laws 1984, Ch. 121, § 2.
§ 12-1174. Immateriality of time possession
obtained by tenant
It is not material whether a tenant received possession
from his landlord or became his tenant after obtaining
possession.
§ 12-1175. Complaint and answer; service and
return
A. When a party aggrieved files a complaint of forcible
entry or forcible detainer, in writing and under oath,
with the clerk of the superior court or a justice of the
peace, summons shall issue no later than the next
judicial day.
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
21
B. The complaint shall contain a description of the pre-mises
of which possession is claimed in sufficient
detail to identify them and shall also state the facts
which entitle plaintiff to possession and authorize
the action.
C. The summons shall be served at least two days
before the return day, and return made thereof on
the day assigned for trial.
Amended by Laws 1989, Ch. 246, § 1, effective September
15, 1989.
§ 12-1176. Demand for jury; trial procedure
A. The clerk or justice of the peace shall at the time of
issuing the summons, if requested by plaintiff, issue
a venire to the sheriff or constable of the county com-manding
him to summon a jury of eight persons, if
the proceeding is in the superior court, and six per-sons,
if in the justice court, qualified jurors of the
county, to appear on the day set for trial to serve as
jurors in the action. The venire shall be served and
returned on the day assigned for trial. The trial date
shall be no more than five judicial days after the
aggrieved party files the complaint.
B. If the plaintiff does not request a jury, the defendant
may do so when he appears, and the jury shall be
summoned in the manner set forth in subsection A.
C. If any jurors fail to attend, or are excused after being
challenged, the jury shall be completed by causing
other qualified jurors to be summoned immediately.
D. The action shall be docketed and tried as other civil
actions.
Amended by Laws 1984, Ch. 10, § 1. Amended by Laws
1989, Ch. 246, § 2, effective September 15, 1989.
§ 12-1177. Trial and issue; postponement of
trial
A. On the trial of an action of forcible entry or forcible
detainer, the only issue shall be the right of actual
possession and the merits of title shall not be
inquired into.
B. If a jury is demanded, it shall return a verdict of
guilty or not guilty of the charge as stated in the
complaint. If a jury is not demanded the action shall
be tried by the court.
C. For good cause shown, supported by affidavit, the
trial may be postponed for a time not to exceed three
calendar days in a justice court or ten calendar days
in the superior court.
Amended by Laws 1992, Ch. 304, § 1, effective September
30, 1992.
§ 12-1178. Judgment; writ of restitution; limita-tion
on issuance
A. If the defendant is found guilty, the court shall give
judgment for the plaintiff for restitution of the pre-mises,
for all charges stated in the rental agreement
and for costs and, at the plaintiff’s option, for all rent
found to be due and unpaid through the periodic
rental period, as described in § 33-1314, subsection
C, as provided for in the rental agreement, and shall
grant a writ of restitution. If the defendant’s social
security number is contained on the complaint at the
time of judgment, the person designated by the
judge to prepare the judgment shall ensure the
defendant’s social security number is contained on
the judgment.
B. If the defendant is found not guilty, judgment shall
be given for the defendant against the plaintiff for
costs, and if it appears that the plaintiff has
acquired possession of the premises since commence-ment
of the action, a writ of restitution shall issue in
favor of the defendant.
C. No writ of restitution shall issue until the expiration
of five calendar days after the rendition of judgment.
The writ of restitution shall be enforced as promptly
and expeditiously as possible. The issuance or
enforcement of a writ of restitution shall not be sus-pended,
delayed, or otherwise affected by the filing
of a motion to set aside or vacate the judgment or
similar motion unless a judge finds good cause.
Amended by Laws 1989, Ch. 246, § 3, effective September
15, 1989. Amended by Laws 1995, Ch. 219, § 1, effective
July 13, 1995.
§ 12-1179. Appeal to superior court; notice;
bond
A. Either party may appeal from a justice court to the
superior court in the county in which the judgment
is given by giving notice as in other civil actions
within five calendar days after rendition of the judg-ment
pursuant to this section. The appeal shall be
filed in accordance with this section, and the time to
appeal shall not be extended or otherwise affected by
the filing of a motion to set aside or vacate the judg-ment
or similar motion.
B. A party seeking to appeal a judgment shall file with
the notice of appeal a bond for costs on appeal, which
shall be in an amount set by the justice of the peace
sufficient to cover the costs on appeal. The bond
shall be payable to the clerk of the superior court. If
a party is unable to file a bond for costs on appeal,
the party shall file with the justice court a notice of
appeal along with an affidavit stating that he is
unable to give bond for costs on appeal and the rea-sons
therefor. Within five court days after the filing
of the affidavit, any other party may file, in the jus-tice
court, objections to the affidavit. The justice of
the peace shall hold a hearing on the affidavit and
objections within five court days thereafter. If the
justice court sustains the objections, the appellant
shall file, within five court days thereafter, a bond
for costs on appeal as provided for in this section or
in such lesser amount as ordered by the justice
court.
C. A party seeking to appeal a judgment may stay the
execution of either the judgment for possession or
any judgment for money damages by filing a super-sedeas
bond. The justice court shall hold a hearing
on the motion within five court days after the parties
advise the justice court of their failure to stipulate
on the amount of the bond. The stay is effective
when the supersedeas bond or bonds are filed.
D. The party seeking to stay the execution of the judg-ment
for possession shall file a supersedeas bond in
the amount of rent accruing from the date of the
judgment until the next periodic rental date,
together with costs and attorney’s fees, if any. The
tenant shall pay to the clerk of the superior court, on
or before each periodic rental due date during the
pendency of the appeal, the amount of rent due
under the terms of the lease or rental agreement.
Such amounts shall be made payable by the superior
court to the owner, landlord or agent as they accrue
ARIZONA SECRETARY OF STATE BETSEY BAYLESS
22
to satisfy the amount of periodic rent due under the
lease or rental agreement. In all cases where the
rent due under the terms of the lease or rental
agreement is paid through the office of the clerk of
the superior court as set forth in this subsection, the
order of the court may include a one-time handling
fee in the amount of ten dollars to be paid by the
party seeking to stay the execution of the judgment
for possession. In no event shall the amounts paid
per month exceed the amount of monthly rent
charged by the owner for the premises. Where habit-ability
as provided for in sections 33-1324 and 33-
1364 has been raised as an affirmative defense by
the tenant to the nonpayment of rent or when the
tenant has filed a counterclaim asserting a habit-ability
issue, the superior court will retain all money
paid under this subsection pending a final judgment.
E. If during the pendency of the appeal the party seek-ing
to stay the execution of the judgment for posses-sion
fails to pay the rent on the periodic rental due
date, the party in whose favor a judgment for posses-sion
was issued may move the superior court to lift
the stay of the execution of the judgment for posses-sion.
The superior court shall hear the motion to lift
the stay of the execution of the judgment for posses-sion
and release accrued monies, if any, within five
court days from the failure of the party to pay the
periodic rent due under the terms of the lease or
rental agreement. If the judgment appealed from
involves a finding of a material and irreparable
breach pursuant to § 33-1368 or § 33-1476, subsec-tion
D, paragraph 3 the superior court shall treat it
as an emergency matter and conduct a hearing on a
motion to lift the stay of execution of the writ of res-titution
within three days. If the third day is a Sat-urday,
Sunday or other legal holiday, the hearing
shall be heard on the next day thereafter.
F. The party seeking to stay the execution of the judg-ment
for money damages shall file a supersedeas
bond in the amount of the judgment, together with
costs and attorney’s fees, if any. The amount of the
bond shall be fixed by the court and payable to the
clerk of the superior court.
Amended by Laws 1981, Ch. 143, § 1. Amended by Laws
1992, Ch. 304, § 2, effective September 30, 1992.
Amended by Laws 1995, Ch. 219, § 2, effective July 13,
1995.
§ 12-1180. Stay of proceedings on judgment;
record on appeal
When the appeal bond is filed and approved, the justice
of the peace shall stay further proceedings on the judg-ment
and immediately prepare a transcript of all entries
on the justice’s docket in the action and transmit it,
together with all the original papers, to the clerk of the
superior court of the county in which the trial was had.
Amended by Laws 1996, Ch. 95, § 5.
§ 12-1181. Trial and judgment on appeal; writ
of restitution
A. On trial of the action in the superior court, appellee,
if out of possession and the right of possession is
adjudged to him, shall be entitled to damages for
withholding possession of the premises during pen-dency
of the appeal and the court shall also render
judgment in favor of appellee and against appellant
and the sureties on his bond for damages proved and
costs.
B. The writ of restitution or execution shall be issued
by the clerk of the superior court and shall be exe-cuted
by the sheriff or constable as in other actions.
§ 12-1182. Appeal to supreme court; stay and
bond
A. In a forcible entry or forcible detainer action origi-nally
commenced in the superior court, an appeal
may be taken to the supreme court as in other civil
actions.
B. The appeal, if taken by the party in possession of the
premises, shall not stay execution of the judgment
unless the superior court so orders, and appellant
shall file a bond in an amount fixed and approved by
the court, conditioned that appellant will prosecute
the appeal to effect and will pay the rental value of
the premises pending the appeal and all damages,
costs, and rent adjudged against him by the superior
court or the supreme court.
§ 12-1183. Proceedings no bar to certain
actions
The proceedings under a forcible entry or forcible
detainer shall not bar an action for trespass, damages,
waste, rent or mesne profits.
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