Most Commonly Used Arizona Lease Agreements
The most commonly used Arizona lease agreements include a commercial lease, a month-to-month lease, an annual lease, a lease with an option to buy, a roommate agreement, and a sublease agreement.
While all of the most commonly used Arizona rental lease agreements share many of the same elements, there are some critical differences.
- For example, a roommate agreement may designate the areas in the rental unit that are for the exclusive use of the roommate and the areas that are considered community property and may be used by all the tenants.
- A standard residential lease agreement is generally for one year, and upon the termination of it, it may switch to a month-to-month or it may renew for another year. However, both a one year and month-to-month lease have similarities. They both may require a 30-day written notice to move out at the end of a lease agreement if either party does not plan to renew the agreement.
How to Write an Arizona Lease Agreement
An Arizona lease agreement must comply with Arizona landlord-tenant law. If a lease doesn’t, it is unenforceable. There are many laws that must be considered. You’ll learn more about many of them under the sections related to disclosures and security deposits.
Before you sign an Arizona lease agreement, make sure that you read the terms. You may also exercise your legal right to have an attorney review the agreement before you sign it.
An Arizona lease agreement needs:
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Names of the Parties - This includes the landlord's full name or the property management company's legal business name and the full name of the tenant(s).
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The Property Address - This is the full address for the leased space or rental property, including the city, zip code, and any unit or lot number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This includes the date that the lease will begin, the amount of the monthly rent, the day of the month that the rent is due, and the address where the rent may be paid.
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Late Fees - List any applicable fee that is due if the rent is not paid by a certain date.
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Security Deposits - This is the amount of deposit that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental. This includes the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - The full name of each tenant must be listed even if they are a minor or are not signing the lease for some reason. This part of an Arizona residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - Note which utilities or services a tenant does not pay.
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Parking - Informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section lists the names of both the landlord(or property manager) and tenant along with their proper address. This contact information should be used if the parties need to send out a notice to the other party for some reason.
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Eviction - This section explains how eviction proceedings would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - In this section, the landlord may list any other obligations that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in an Arizona Lease Agreement?
Arizona rental lease agreements must include specific disclosures as instructed by state law:
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Bed bug disclosure. Landlords must give educational material to tenants to explain how they may take care of a bedbug problem and how bedbugs spread.
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Fees must be disclosed. Any fee that is in the Arizona lease agreement and that isn't refundable must specifically state it is non-refundable. If it doesn't, that fee is automatically considered refundable.
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The landlord must provide the tenant with a copy of the Arizona Residential Landlord and Tenant Act. The Arizona landlord-tenant act must be provided to the tenant when the lease is signed.
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Landlords must provide a move-in checklist. Landlords must provide a move-in checklist that is attached to the lease. The tenant has no legal obligation to use it.
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Notice information. The landlord must provide the tenant with the name and the address of the person managing the property and provide the tenant with their contact information for legal notices.
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The landlord must inform the tenant about shared utility charges. If utilities are shared and the landlord bills the tenant based on a shared meter, that must be explained in the lease agreement. The calculation must also be explained. Additionally, under Arizona law, the landlord may be entitled to administrative costs for calculating the shared cost and paying the utility.
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Landlords must tell the tenant of tax changes in the area. If the business pass-through taxes in the area change, the landlord can change the tax by giving at least 30 days' notice to the tenant. However, for this to occur, there must be a specifically written provision in the Arizona lease agreement.
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Entrance to the property. Landlords must provide at least 48 hours’ notice to tenants before entering the property for non-emergency reasons or maintenance.
Federal law states that any residential unit constructed in 1978 or before that's a rental property could be a lead-paint hazard. Because of this, landlords in Arizona are required to provide a lead-paint disclosure.
What You Need to Know about Arizona Lease Agreement Deposits
A landlord may not charge more than one and a half month’s rent for a security deposit in Arizona. The deposit must be returned within 14 days (not including weekends or holidays) after the move-out inspection.
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