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2023 Arizona Revised Statutes › Title 33 - Property › § 33-1315 - Prohibited provisions in rental agreements

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 fees,  except an agreement in writing may provide that attorney fees may be awarded to the prevailing 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 section 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.
4. Agrees to waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.
5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.
B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited,  the tenant may recover actual damages sustained by the tenant and not more than two months' periodic rent.
C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1317 - Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability

33-1317.
Discrimination by landlord or lessor against tenant with children prohibited;  classification;  exceptions;  civil remedy;  applicability
A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling for the reason that the other person has a child or children,  or 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 circulation,  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 section 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 of the following:
1. Injunctive or declaratory relief to correct the violation.
2. Actual damages sustained by the tenant or prospective 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 persons 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1318.01 - Early release termination for law enforcement officers; definition

33-1318.01.
Early release termination for law enforcement officers;  definition
A. A law enforcement officer may terminate a rental agreement in the same manner established in section 33-1318 if the law enforcement officer provides to the landlord a written notice that the law enforcement officer is protected under an injunction against harassment issued pursuant to section 12-1809 and the injunction against harassment was issued within the thirty-day period immediately preceding lawful notice to the landlord,  unless waived by the landlord.
B. If the law enforcement officer received any lease concession or benefit,  the concession or benefit actually received or used shall be repaid to the landlord before vacating the dwelling.
C. All other rights,  remedies and obligations provided in section 33-1318 apply to the landlord and the law enforcement officer.
D. For the purposes of this section,  " law enforcement officer"  has the same meaning prescribed in section 38-1101.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1319 - Bedbug control; landlord and tenant obligations; definitions

33-1319.
Bedbug control;  landlord and tenant obligations;  definitions
A. A landlord has the following obligations with respect to a bedbug infestation:
1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include:
(a) A description of measures that may be taken to prevent and control bedbugs.
(b) Information about bedbugs,  including a description of their appearance.
(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses,  using discarded mattresses and furniture,  using used or leased furniture,  purchasing pre-owned clothing and traveling without proper precautions.
(d) Information provided by the United States centers for disease control and prevention and other federal,  state or local health agencies.
(e) Information provided by federal,  state or local housing agencies.
(f) Information provided by nonprofit housing organizations.
(g) Information developed by the landlord.
2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.
B. A tenant has the following obligations with respect to a bedbug infestation:
1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs.
2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs.
C. This section does not limit any other rights,  remedies and obligations under this chapter.
D. The landlord and tenant of a single family residence are excluded from the provisions of this section.
E. Except as specifically provided in this section,  this section does not create a cause of action against:
1. A landlord or a landlord's employees,  officers,  agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs.
2. A tenant by a landlord for any damages caused by bedbugs.
F. For the purposes of this section:
1. " Bedbugs"  means any insect in the genus cimex and its eggs.
2. " Infestation"  or " infested"  means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1322 - Disclosure and tender of written rental agreement

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 following:
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 purpose 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 the Arizona residential landlord and tenant act is available on the Arizona department of housing's website.
C. The information required to be furnished by this section shall be kept current and refurnished to a tenant upon the 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,  B and C 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.
2. Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose 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 tenant,  as the case may be,  of the rental agreement.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1323 - Landlord to supply possession of dwelling unit

33-1323.
Landlord to supply possession of dwelling unit
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1375,  subsection C.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1324 - Landlord to maintain fit premises

33-1324.
Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable 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,  garbage,  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 constructed 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 consideration,  that the tenant perform the landlord's duties specified in subsection A,  paragraphs 5 and 6 of this section,  and also specified repairs,  maintenance 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 landlord and the work is not necessary to cure noncompliance 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 supported by adequate consideration.
2. The work is not necessary to cure noncompliance 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1325 - Limitation of liability

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 conveyance. He remains liable to the tenant for any property and money to which the tenant is entitled under section 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1329 - Regulation of rents; authority

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 cities,  or towns shall not have the power to control rents.
B. The provisions of subsection A shall not apply to residential property which is owned,  financed,  insured or subsidized by any state agency,  or by any city,  including charter city,  or town.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1330 - Transfer of records on sale

33-1330.
Transfer of records on sale
On the sale or other transfer of an apartment community as defined in section 40-360.21,  the landlord shall deliver to the buyer or other transferee all available plans,  drawings and records pertaining to the location of all underground facilities in the property,  all plans,  drawings,  surveys and plats of the property,  all records pertaining to tenant security deposits and complete files for each tenant of the property at closing containing rental agreements and all other documents and disclosures required by this chapter that are in the possession of the landlord. A landlord who fails to deliver reasonably accurate and maintained installation records of active,  inactive and abandoned underground facilities installed after December 31,  2006 is liable for all damages proximately caused by the failure,  including all expenses incurred by successor landlords to create such installation records.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1331 - Notice of foreclosure; effect on lease; damages

33-1331.
Notice of foreclosure;  effect on lease;  damages
A. If a rental agreement is entered into after the foreclosure action was initiated,  the owner shall include written notice of possible foreclosure with the rental agreement with the tenant. The notice shall include a statement that is substantially in the following form:
This property is undergoing foreclosure. For more information on this action,  you should contact ________________ (name,  address and phone number of the court where the action is filed or trustee,  attorney or other responsible party).
A sale at auction may or may not occur as a result of this foreclosure. Currently,  the sale of this property has been set for _________ (time,  date and place) or no date for sale of this property has been established.
B. If the owner receives a notice of trustee's sale or other notice of foreclosure on the property after a tenant has entered into a rental agreement on the property,  the owner shall provide the tenant with written notice as prescribed in subsection A of this section within five business days after receipt of the notice of trustee's sale. This subsection applies only to the first notice of trustee's sale or the first notice of foreclosure received by the owner after the tenant has entered into the rental agreement.
C. If the owner fails to provide notice as prescribed in this section the tenant may deliver a written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief. The security deposit shall be returned to the tenant as prescribed in section 33-1321.
D. This section shall not apply to multifamily residential rental units consisting of four or more connected units.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1332 - Rent reduction; burden of proof

33-1332.
Rent reduction;  burden of proof
(Rpld. 1/1/27)
A. On or before January 1,  2025,  the landlord of real property that is rented or leased for residential purposes and that is located in a city,  town or other taxing jurisdiction that levies a transaction privilege tax on the business of renting or leasing real property for residential purposes shall no longer charge the tenant the amount of the repealed transaction privilege tax on the business of renting or leasing real property for residential purposes.
B. In any civil action challenging the lawfulness of a charge,  assessment or other amount pursuant to this section,  the landlord has the burden of proving by a preponderance of the evidence that the challenged charge,  assessment or other amount is not attributable to and does not represent all or any portion of a city's,  town's or other taxing jurisdiction's transaction privilege tax on the business of renting or leasing real property for residential purposes.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1341 - Tenant to maintain dwelling unit

33-1341.
Tenant to maintain dwelling unit
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2. Keep 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,  rubbish,  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 premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1342 - Rules and regulations

33-1342.
Rules and regulations
A. A landlord,  from time to time,  may adopt rules or regulations,  however described,  concerning the tenant's use and occupancy of the premises. Such rules 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 or must not do to comply.
5. They are not for the purpose of evading the obligations 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1343 - Access

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 improvements,  supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers,  mortgagees,  tenants,  workmen or contractors.
B. If the tenant notifies the landlord of a service request or a request for maintenance as prescribed in section 33-1341,  paragraph 8,  the notice from the tenant constitutes permission from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section for the sole purpose of acting on the service or maintenance request and the tenant waives receipt of any separate or additional access notice that may be required pursuant to subsection D of this section.
C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so,  the landlord shall give the tenant at least two days' notice of the landlord s intent to enter and enter only at reasonable times.
E. The landlord has no other right of access except by court order and as permitted by sections 33-1369 and 33-1370,  or if the tenant has abandoned or surrendered the premises.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1361 - Noncompliance by the landlord

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 landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate 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 section 33-1324 materially affecting health and safety,  the tenant may deliver a written notice to the landlord 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. For the purposes of this section,  material falsification includes false information relating to availability of the unit,  except when a holdover tenant is in illegal possession or in violation of the rental agreement,  the condition of the premises and any current services as represented by the landlord in writing and any representation 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 services. 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 landlord adequately remedies the breach prior to the date specified in the notice,  the rental agreement 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 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 with section 33-1318 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 section 33-1321.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1362 - Failure to deliver possession

33-1362.
Failure to deliver possession
A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323,  rent abates until possession 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,  maintain 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 possession to the tenant because of noncompliance with section 33-1324,  rent shall not abate. Tenant may proceed with the remedies provided for in section 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 damages sustained by him,  whichever is greater.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1363 - Self-help for minor defects

33-1363.
Self-help for minor defects
A. If the landlord fails to comply with section 33-1324,  and the reasonable cost of compliance is less than three 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 section 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 tenant 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 statement and a waiver of lien,  deduct from his rent the actual and reasonable cost of the work,  not exceeding 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 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 or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1365 - Landlord's noncompliance as defense to action for possession or rent; definition

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 tenant 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 determine 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 possession.
B. In an action for rent where the tenant is not in possession,  the tenant may counterclaim as provided in subsection A but the tenant is not required to pay any rent into court.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1366 - Fire or casualty damage

33-1366.
Fire or casualty damage
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired,  the tenant may do either of the following:
1. Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter 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 dwelling unit.
B. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321. Accounting for rent in the event of termination or apportionment is to occur as of the date the tenant vacates all or part of the dwelling unit.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1367 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

33-1367.
Tenant's remedies for landlord's unlawful ouster,  exclusion or diminution of services
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric,  gas,  water or other essential service to the tenant,  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 section 33-1321.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1369 - Failure to maintain

33-1369.
Failure to maintain
If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair,  replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen 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 workmanlike 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1371 - Acceptance of partial payments; waiver of right to terminate; exception

33-1371.
Acceptance of partial payments;  waiver of right to terminate;  exception
A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or 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 this article 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 landlord has provided the tenant with a notice of failure to pay rent as specified in section 33-1368,  subsection B before the completion of the agreement for partial payment,  no additional notice under section 33-1368,  subsection B is required in case of a breach of the partial payment agreement.
B. For the purposes of this section,  a landlord's acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord's right to terminate the rental agreement for any breach by the tenant.
C. Except as specified in subsections A and B of this section,  acceptance of rent,  or any portion of rent,  with knowledge of a default by the 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 agreement for that breach.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1372 - Landlord liens; distraint for rent

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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1374 - Recovery of possession limited

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 diminution 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1375 - Periodic tenancy; hold-over remedies

33-1375.
Periodic tenancy;  hold-over remedies
A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified 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 tenant'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,  section 33-1314,  subsection D applies.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1376 - Landlord and tenant remedies for abuse of access

33-1376.
Landlord and tenant remedies for abuse of access
A. If the tenant refuses to allow lawful access,  the landlord may obtain injunctive relief to compel access,  or terminate the rental agreement. In either 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1377 - Special detainer actions; service; trial postponement

33-1377.
Special detainer actions;  service;  trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except as provided in this section,  the procedure and appeal rights prescribed in title 12,  chapter 8,  article 4 apply to special detainer actions.
B. The summons shall be issued on the day the complaint 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 possession,  the court may assess damages,  attorney fees and costs as prescribed by law.
E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33-1368,  subsection A,  the summons shall be issued as provided in subsection 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 evidence 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 premises,  for late charges stated in the rental agreement,  for costs and,  at the plaintiff's option,  for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement as described in section 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 commencement of the action,  a writ of restitution shall issue in favor of the defendant.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1378 - Removal of guest

33-1378.
Removal of guest
A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1379 - Eviction action; dismissal; sealed records

33-1379.
Eviction action;  dismissal;  sealed records
A. In any action for eviction pursuant to section 33-1368 or 33-1377 or pursuant to a forcible entry and detainer action,  on the court entering an order that dismisses the action for eviction prior to entry of a judgment or that enters judgment in favor of the tenant,  the court shall issue an order sealing all records related to the case.
B. The court shall also order the sealing of an eviction case on the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file.
C. If the records in an eviction case court file are sealed,  the tenant's case records shall only be made available to the following:
1. The person whose records are sealed and any party or any attorney who has made an appearance in the case where records are sealed.
2. The court,  except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
3. The clerk of the court or any department that is responsible for maintaining records,  except that the tenant's sealed eviction case may not be sold or released as a part of a bulk or individual records transfer to a third party.
D. This section applies to all records relating to an action for summary eviction,  a forcible entry and detainer action or a special detainer action that are maintained by the court,  including the complaint and any other pleadings,  proof of service,  any findings and orders of the court and all other papers,  records,  proceedings and evidence,  including exhibits and transcript of the testimony.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1381 - Retaliatory conduct prohibited

33-1381.
Retaliatory conduct prohibited
A. Except as provided in this section,  a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement 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 section 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 section 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 creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination 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 evidence 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 housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent.
2. The tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1361,  subsection B.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1403 - Supplementary principles of law applicable

33-1403.
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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1404 - Administration of remedies; enforcement; notice and pleading requirements

33-1404.
Administration of remedies;  enforcement;  notice and pleading requirements
A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty 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.
C. This chapter does not affect any rights under chapter 8,  article 1 of this title.
D. Notwithstanding any other law,  an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1407 - Exclusions from application of chapter

33-1407.
Exclusions from application of chapter
A. This chapter does not apply to an occupancy in or operation of public housing as authorized,  provided or conducted under or pursuant to title 36,  chapter 12,  or under or pursuant to any federal law or regulation that might conflict therewith.
B. This chapter does not apply to a mobile home and mobile home space if both are owned by the same person,  to recreational vehicles or,  except for sections 33-1476.01,  33-1476.02 and 33-1476.03,  to travel trailers or to the rental of a mobile home space that is not located in a mobile home park.
C. This chapter does not apply to a mobile home that has not been occupied for residential purposes by one or more persons in its current location with the approval of the landlord since being titled to the mobile home's present owner unless the present owner proves by clear and convincing evidence that the mobile home owner acquired the mobile home for residential purposes but was prohibited from using the mobile home due to circumstances beyond the mobile home owner's control. This subsection includes a mobile home owned by a broker or dealer as defined in section 41-4001.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1411 - Unconscionability

33-1411.
Unconscionability
A. If the hearing officer or court,  as a matter of law,  finds:
1. That a rental agreement or any provision thereof was unconscionable when made,  the hearing officer or court may refuse to enforce the agreement,  enforce the remainder of the agreement without the unconscionable provision,  or limit the application of any unconscionable provision to avoid an unconscionable result.
2. That 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 hearing officer or court may refuse to enforce the settlement,  enforce the remainder of the settlement without the unconscionable provision,  or limit the application of any unconscionable provision to avoid any unconscionable result.
B. If unconscionability is put into issue by a party or by the hearing officer or court upon his or its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting,  purpose and effect of the rental agreement or settlement to aid the hearing officer or court in making the determination.