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. It's important to note that a sublease should have the same clauses and obligations as the master lease. It should also not be entered into without express written permission of the landlord.
How to Write an Arizona Lease Agreement
To write an Arizona lease agreement, you must include the following information:
- The day, month, and year the lease agreement was created.
- The full name of both the landlord and the tenant who is leasing the property.
- How long the lease will last. This should include both the starting and ending dates.
- The amount of rent, daily late charge, and what happens if the tenant bounces a check.
- The amount of the security deposit.
- How the premises should be used. If it is a residential unit, you should list the names and ages of everyone who will reside on the property. This includes minors who are not party to the contract.
- What will happen if the tenant stays past the end of the contract. For example, the rent will increase by $50 per month and will turn into a month-to-month agreement. This is known as a holdover clause.
- Whether pets are allowed. If so, is there a deposit? Is there a pet restriction of any kind?
- A notice address for the landlord.
- A binding paragraph that includes the day, month, and year along with the signature of the landlord and tenant(s).
Which Disclosures Belong in an Arizona Lease Agreement?
Arizona lease agreements must include specific disclosures as instructed by state law:
- 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.
- 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.
- The landlord must provide the tenant with a copy of the Landlord-Tenant Act. This must be provided to the tenant when the lease is signed.
- 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.
- 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.
- 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.
- Landlords must tell 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 of notice to the tenant. However, for this to occur, there must be a specifically written provision in the Arizona lease agreement.
- 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 built 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 of 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.