reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1703 - Lien; rental agreement; contents; late fees

33-1703.
Lien;  rental agreement;  contents;  late fees
A. The operator of a self-service storage facility has a possessory lien from the date the rent is unpaid and due on all personal property stored within the leased space for rent,  late fees and labor or other charges,  and for expenses reasonably incurred in its sale,  as provided in this article. The lien shall not impair any other lien or security interest at the time the storage was commenced,  unless the lienor or secured party knows and consents to the storage of the personal property.
B. The rental agreement shall contain a statement,  in at least ten point bold-faced type,  advising the occupant:
1. Of the accrual of the lien as of the date the rent is unpaid and due.
2. That property stored in the leased space may be sold or otherwise disposed of if the occupant is in default.
3. That any insurance protecting the personal property stored within the storage space against fire,  theft or damage must be provided by the occupant.
4. That a late fee may be charged by the operator for each month that the occupant does not pay rent when due. The rental agreement shall state the date on which rent is due and the date on which the late fee accrues.
C. The rental agreement shall contain a provision requiring the occupant to disclose the following:
1. Any lienholders or secured parties who have an interest in property that is or will be stored in the self-service storage facility.
2. Whether any protected property is or will be stored in the leased space.
D. The operator may impose a reasonable late fee on the occupant for each month the occupant does not pay rent when due. For purposes of this section,  a reasonable late fee may be computed as the greater of ten dollars per month or twenty per cent of the amount of monthly rent. Any late fee imposed by the operator pursuant to this section is in addition to any other remedy provided by law or contract.
E. The operator shall provide adequate notice to the occupant before a late fee is imposed. Adequate notice is provided if the rental agreement complies with subsection B or if a notice is sent to the occupant by verified mail that notifies the occupant that a late fee may be charged in any month in which the occupant does not pay rent when due.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1705 - Notice posted in the office

33-1705.
Notice posted in the office
Each operator acting pursuant to this article shall at all times keep posted in a prominent place in the operator's office or on the premises of the self-service storage facility,  a notice that reads as follows:
Articles stored pursuant to a rental agreement may be sold or disposed of if any storage charges are overdue for more than thirty days.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1706 - Failure to comply; penalty

33-1706.
Failure to comply;  penalty
Any person aggrieved by a violation of any provision of this article may bring a civil action. In any civil action brought for a violation of this article,  in addition to any award for damages,  the court may impose a civil penalty not to exceed five hundred dollars and may award reasonable attorney's fees and court costs.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1801 - Applicability; exemptions; voluntary election to be subjected to chapter

33-1801.
Applicability;  exemptions;  voluntary election to be subjected to chapter
A. This chapter applies to all planned communities.
B. Notwithstanding any provisions in the community documents,  this chapter does not apply to any school that receives monies from this state,  including a charter school,  and a school is exempt from regulation or any enforcement action by any homeowners' association that is subject to this chapter. With the exception of homeschools as defined in section 15-802,  schools shall not be established within the living units of a homeowners' association. The homeowners' association may enter into a contractual agreement with a school district or charter school to allow use of the homeowners' association's common areas by the school district or charter school.
C. This chapter does not apply to either of the following:
1. Timeshare plans or associations that are subject to chapter 20 of this title.
2. Notwithstanding any provision in the community documents,  a nonprofit corporation or unincorporated association of owners that is created or incorporated before January 1,  1974 and that does not have authority to enforce covenants,  conditions and restrictions related to the use,  occupancy or appearance of the separately owned lots,  parcels or units in a real estate development,  unless a majority of all the members of such a nonprofit corporation or unincorporated association of owners elect in writing to subject the corporation or association to this chapter by recording a notice of election pursuant to subsection D of this section.
D. A nonprofit corporation or unincorporated association of owners that has the power under recorded covenants to assess members to pay the costs and expenses incurred in the performance of obligations created by recorded covenants for a real estate development that does not qualify as a planned community may elect to subject the nonprofit corporation or unincorporated association of owners to this chapter with the written approval of a majority of all the members. A notice of election to be subject to this chapter shall be recorded by the nonprofit corporation or unincorporated association of owners with the county recorder of the county or counties in which the real estate development is located. The notice is effective as of the date of the recording of the notice. Any such election may be rescinded in the same manner as an election and is effective as of the date of the recording of the notice of rescission.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1802 - Definitions

33-1802.
Definitions
In this chapter and in the community documents,  unless the context otherwise requires:
1. " Association"  means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration. Association does not include a nonprofit corporation or unincorporated association of owners that is created or incorporated before January 1,  1974 and that does not have authority to enforce covenants,  conditions or restrictions related to the use,  occupancy or appearance of the separately owned lots,  parcels or units in a real estate development,  unless the nonprofit corporation or unincorporated association of owners elects to be subject to this chapter pursuant to section 33-1801,  subsection D.
2. " Community documents"  means the declaration,  bylaws,  articles of incorporation,  if any,  and rules,  if any.
3. " Declaration"  means any instruments,  however denominated,  that establish a planned community and any amendment to those instruments.
4. " Planned community"  means a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners,  that is created for the purpose of managing,  maintaining or improving the property and in which the declaration expressly states both that the owners of separately owned lots,  parcels or units are mandatory members and that the owners are required to pay assessments to the association for these purposes. Planned community does not include any of the following:
(a) A timeshare plan or a timeshare association that is governed by chapter 20 of this title.
(b) A condominium that is governed by chapter 9 of this title.
(c) A real estate development that is not managed or maintained by an association.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1805 - Association financial and other records

33-1805.
Association financial and other records
A. Except as provided in subsection B of this section,  all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative,  the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.
B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:
1. Privileged communication between an attorney for the association and the association.
2. Pending litigation.
3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.
4. Personal,  health or financial records of an individual member of the association,  an individual employee of the association or an individual employee of a contractor for the association,  including records of the association directly related to the personal,  health or financial information about an individual member of the association,  an individual employee of the association or an individual employee of a contractor for the association.
5. Records relating to the job performance of,  compensation of,  health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1809 - Parking; public service and public safety emergency vehicles; definition

33-1809.
Parking;  public service and public safety emergency vehicles;  definition
A. Notwithstanding any provision in the community documents,  an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:
1. The resident is employed by a public service corporation that is regulated by the corporation commission,  an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas,  electrical,  telecommunications or water infrastructure,  the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation or municipal utility.
2. The resident is employed by a public safety agency,  including police or fire service for a federal,  state,  local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36,  chapter 21.1,  and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.
B. For the purposes of this section,  " telecommunications"  means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1810 - Board of directors; annual audit

33-1810.
Board of directors;  annual audit
Unless any provision in the planned community documents requires an annual audit by a certified public accountant,  the board of directors shall provide for an annual financial audit,  review or compilation of the association. The audit,  review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year and shall be made available upon request to the members within thirty days after its completion.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1811 - Board of directors; contracts; conflict

33-1811.
Board of directors;  contracts;  conflict
If any contract,  decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent,  grandparent,  spouse,  child or sibling of a member of the board of directors or a parent or spouse of any of those persons,  that member of the board of directors shall declare a conflict of interest for that issue. The member shall declare the conflict in an open meeting of the board before the board discusses or takes action on that issue and that member may then vote on that issue. Any contract entered into in violation of this section is void and unenforceable.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1812 - Proxies; absentee ballots; definition

33-1812.
Proxies;  absentee ballots;  definition
A. Notwithstanding any provision in the community documents,  after termination of the period of declarant control,  votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and,  in addition,  the association may provide for voting by some other form of delivery,  including the use of e-mail and fax delivery. Notwithstanding section 10-3708 or the provisions of the community documents,  any action taken at an annual,  regular or special meeting of the members shall comply with all of the following if absentee ballots or ballots provided by some other form of delivery are used:
1. The ballot shall set forth each proposed action.
2. The ballot shall provide an opportunity to vote for or against each proposed action.
3. The ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.
4. The ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted,  which shall be at least seven days after the date that the board delivers the unvoted ballot to the member.
5. The ballot does not authorize another person to cast votes on behalf of the member.
6. The completed ballot shall contain the name,  address and signature of the person voting,  except that if the community documents permit secret ballots,  only the envelope shall contain the name,  address and signature of the voter.
7. Ballots,  envelopes and related materials,  including sign-in sheets if used,  shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.
B. Votes cast by absentee ballot or other form of delivery,  including the use of e-mail and fax delivery,  are valid for the purpose of establishing a quorum.
C. Notwithstanding subsection A of this section,  an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.
D. For the purposes of this section,  " period of declarant control"  means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1814 - Slum property; professional management

33-1814.
Slum property;  professional management
For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the planned community,  the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town pursuant to section 33-1906.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1815 - Association authority; commercial signage

33-1815.
Association authority;  commercial signage
Notwithstanding any provision in the community documents,  after an association has approved a commercial sign,  including its registered trademark that is located on properties zoned for commercial use in the planned community,  the association,  including any subsequently elected board of directors,  may not revoke or modify its approval of that sign if the owner or operator of the sign has received approval for the sign from the local or county governing body with jurisdiction over the sign.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1816 - Solar energy devices; reasonable restrictions; fees and costs

33-1816.
Solar energy devices;  reasonable restrictions;  fees and costs
A. Notwithstanding any provision in the community documents,  an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761.
B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation,  impair the functioning of the device or restrict its use or adversely affect the cost or efficiency of the device.
C. Notwithstanding any provision of the community documents,  the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1818 - Community authority over public roadways; vote of the membership; applicability

33-1818.
Community authority over public roadways;  vote of the membership;  applicability
A. For any planned community for which the declaration is recorded after December 31,  2014 and notwithstanding any provision in the community documents,  after the period of declarant control,  an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.
B. After the period of declarant control,  for any planned community for which the declaration was recorded before January 1,  2015 and that regulates any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity,  the existing regulations continue in effect until either of the following occurs:
1. Not later than June 30,  2025,  the planned community shall call a meeting of the membership on the question of whether to continue to regulate public roadways. If the number of owners voting at the meeting on the question is sufficient to constitute a quorum of the membership and a majority of that number votes to continue regulating public roadways in the planned community,  the planned community retains its authority to regulate those public roadways. The board of directors shall record in the office of the county recorder of the county in which the planned community is located a document confirming that the planned community continues to regulate the public roadways.
2. If the vote prescribed by paragraph 1 of this subsection fails or if the planned community does not hold a vote of the membership in compliance with paragraph 1 of this subsection,  the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
C. This section does not apply to any one-way streets,  without regard to ownership,  or to any privately owned roadways.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1819 - Artificial turf ban; prohibition; restrictions; attorney fees; applicability

33-1819.
Artificial turf ban;  prohibition;  restrictions;  attorney fees;  applicability
A. Except as prescribed in subsection B of this section and notwithstanding any provision in the community documents,  in any planned community that allows natural grass on a member's property,  after the period of declarant control,  the association may not prohibit installing or using artificial turf on any member's property. An association may do all of the following:
1. Adopt reasonable rules regarding the installation and appearance of artificial turf if those rules do not prevent installing artificial turf in the same manner that natural grass would be allowed by the community documents. Those rules may regulate the location on the property and percentage of the property that may be covered with artificial turf to the same extent as natural grass and may regulate artificial turf quality.
2. Require the removal of a member's artificial turf if the artificial turf creates a health or safety issue that the member does not correct.
3. Require replacement or removal of the artificial turf if the artificial turf is not maintained in accordance with the association's standards for maintenance.
B. The association may prohibit the installation of artificial turf if the artificial turf would be installed in an area that the association is required to maintain or irrigate. If an association prohibits new installation of natural grass on a member's property,  the association may also prohibit new installation of artificial turf on a member's property,  except that,  in that instance,  an association may not prohibit a member from converting natural grass to artificial turf on the member's property.
C. Notwithstanding any provision in the community documents,  in an action against the association for a violation of this section,  the court shall award reasonable attorney fees and costs to any party that prevails as determined by the court.
D. This section does not:
1. Affect an association's responsibility to carry out both the express and the reasonably implied intent of a declaration that provides that the design standards of the planned community are required to be followed to protect the natural environment in which the planned community is developed.
2. Apply to a planned community that has unique vegetation and geologic characteristics that require preservation by the association and in which the viability of those characteristics is protected,  supported and enhanced as a result of the continued existence of natural landscaping materials.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1901 - Definitions

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 property that has deteriorated or is in a state of disrepair 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 connections.
(c) Hazardous electrical systems or gas connections.
(d) Lack of safe,  rapid egress.
(e) Accumulation of human or animal waste,  medical or biological waste,  gaseous or combustible materials,  dangerous or corrosive liquids,  flammable or explosive materials or drug paraphernalia.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1904 - Inspections

33-1904.
Inspections
A. In addition to any other statute or ordinance providing 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 provisions of section 33-1902. The property is subject to immediate inspection until there is compliance. 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 possession of the dwelling unit or,  if the dwelling unit is vacant or abandoned,  the owner consents to the inspection. If the tenant refuses to consent 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 property 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 is located,  the penalty or inspection cost is deemed to be an assessment and is prior to all other liens,  obligations 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 dwelling unit in a space rental mobile home park or recreational 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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1905 - Slum property; appeal

33-1905.
Slum property;  appeal
A. A governmental agency that may designate a residential rental property as a slum property shall establish procedures by which the owner of the property 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 pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1906 - Licensed property management company; training program

33-1906.
Licensed property management company;  training program
A city or town may require a residential rental property owner whose property has been designated as a slum or exhibits the criteria prescribed in section 9-1303,  relating to violations that materially affect the health and safety of the occupants of the property,  to hire a property management firm that is regulated pursuant to title 32,  chapter 20,  article 3.1 to manage the property,  participate in the city or town's crime free multihousing program,  if applicable,  and attend city or town approved landlord tenant training classes if available from the city or town. The city or town may also require the property owner to participate in comparable training provided by a nonprofit corporation that is designated as a section 501(c)(3),  501(c)(4),  501(c)(5) or 501(c)(6) corporation and that is certified by the city or town to provide that training. This shall not apply to mobile home parks which are in compliance with section 33-1437.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-1907 - Registration with one-call notification center

33-1907.
Registration with one-call notification center
This article does not relieve a landlord of an apartment community as defined in section 40-360.21 or a landlord of a mobile home park from the obligation to register with a one-call notification center as prescribed by section 40-360.32.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2001 - Definitions

33-2001.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Community documents"  means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802,  including covenants,  conditions and restrictions and deed restrictions applicable to the dwelling.
2. " Dwelling"  means a newly constructed single family or multifamily unit designed for residential use and property and improvements that are either owned by a homeowners' association or jointly by all of the members of a homeowners' association. Dwelling includes the systems,  other components and improvements that are part of a newly constructed single family or multifamily unit at the time of construction.
3. " Good faith"  means honesty in fact in the conduct or transaction concerned.
4. " Homeowners' association"  means an association as defined in section 33-1202 or 33-1802.
5. " Homeowners' association dwelling action"  means any action involving a construction defect as defined in section 12-1361 filed by a homeowners' association against the seller of a dwelling arising out of or related to the design,  construction,  condition or sale of the dwelling.
6. " Seller"  means any of the following:
(a) Any person,  firm,  partnership,  corporation,  association or other organization that is engaged in the business of building or selling dwellings.
(b) Any person,  firm,  partnership,  corporation,  association or other organization that performs functions relating to or furnishes the design,  specifications,  surveying,  planning,  supervising,  testing,  constructing or observation of the constructing of a dwelling.
(c) A real estate broker or salesperson as defined in section 32-2101.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2003 - Applicability

33-2003.
Applicability
A. This chapter applies only to homeowners' association dwelling actions. This chapter does not apply to:
1. Actions filed by individual members of a homeowners' association against a seller.
2. Claims for personal injury,  death or damage to property other than a dwelling.
3. Common law fraud claims.
4. Proceedings brought pursuant to title 32,  chapter 10,  whether filed by a homeowners' association or by individual members of a homeowners' association.
B. A homeowners' association dwelling action is also subject to title 12,  chapter 8,  article 14.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2101 - Application; duration of stay; exclusions; notice and pleading requirements

33-2101.
Application;  duration of stay;  exclusions;  notice and pleading requirements
A. This chapter applies to,  regulates and determines rights,  obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than one hundred eighty consecutive days. For a park model or park trailer that is located in a recreational vehicle park or mobile home park,  this chapter applies if the space is rented by the same tenant for more than one hundred eighty consecutive days without regard to whether a rental agreement is executed.
B. This chapter does not apply to mobile homes,  manufactured homes and factory-built buildings or to a property with one or two recreational vehicle rental spaces.
C. 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 › § 33-2104 - Unconscionability

33-2104.
Unconscionability
A. If a court,  as a matter of law,  finds that:
1. A rental agreement or any provision of a rental agreement was unconscionable when made,  the 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. A settlement in which a party waives or agrees to forgo 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 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 court on 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 court in making the determination.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2106 - Prohibited provisions in rental agreements

33-2106.
Prohibited provisions in rental agreements
A. A rental agreement shall not provide that the tenant agrees to:
1. Waive or forgo rights or remedies provided by law.
2. Place any additional person's name on the title to the recreational vehicle as a condition of tenancy or residency for that additional person or pay a fee or other form of penalty for failing to place an additional person's name on the title to the recreational vehicle.
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 to be prohibited,  the tenant may recover actual damages sustained and the rental agreement is voidable by the tenant.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2121 - Security deposits

33-2121.
Security deposits
A. On termination of the tenancy,  any security deposit may be applied to the payment of accrued rent,  including utilities,  and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with the law if the accrued rent and damages are itemized by the landlord in a written notice delivered to the tenant together with the amount due within fourteen days after termination of the tenancy and delivery of possession by the tenant.
B. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
C. The amount of any security deposit shall not be changed after the tenant executes the initial rental agreement.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2122 - Disclosure

33-2122.
Disclosure
A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing before entering into the rental agreement the name and address of each of the following:
1. The person authorized to manage the premises.
2. The owner of the premises and,  if applicable,  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 providing receipts for notices and demands.
B. The information required to be furnished by this section shall be kept current and refurnished to the tenant on the tenant's request. If there is a new owner or operator this section extends to and is enforceable against any successor landlord,  owner or manager.
C. Failure to comply with subsection A or B of this section renders the manager,  any employee and the owner's agent subject to the following:
1. Service of process and receiving and receipting for notices and demands.
2. Performing the obligations of the landlord under the rental agreement and spending or making available for the purpose of performing the landlord's obligations all rent collected from the premises.
D. Each tenant shall be notified in writing of any rent increase at least sixty days before the increase by first class or certified mail or by personal delivery.
E. Except for renewals of a rental agreement,  the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall provide to the tenant before entering into a rental agreement for a recreational vehicle park trailer space the following:
1. A copy of the Arizona recreational vehicle long-term rental space act.
2. For persons who are purchasing or placing in the park a recreational vehicle that is a park trailer or park model,  a notice that the park trailer or park model is governed by the Arizona recreational vehicle long-term rental space act and not the Arizona mobile home parks residential landlord and tenant act.
F. The landlord shall also make available to all tenants a current copy of the Arizona recreational vehicle long-term rental space act.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2123 - Landlord to maintain fit premises

33-2123.
Landlord to maintain fit premises
The landlord shall:
1. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
2. Comply with all applicable provisions of city,  county and state codes materially affecting health and safety.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2131 - Tenant to maintain recreational vehicle space

33-2131.
Tenant to maintain recreational vehicle space
A tenant of a recreational vehicle space shall exercise diligence to maintain that part of the premises that the tenant has rented in as good condition as when the tenant took possession and shall:
1. Comply with all obligations primarily imposed on tenants by applicable provisions of city,  county and state codes materially affecting health and safety.
2. Comply with all park rules regarding sanitary and aesthetic guidelines.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2141 - Noncompliance by the landlord

33-2141.
Noncompliance by the landlord
A. Except as otherwise provided by law,  if there is a material noncompliance by the landlord with the rental agreement or the rules,  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 on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord 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 on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the recreational vehicle space 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 before the date specified in the notice,  the rental agreement shall not terminate.
2. The tenant shall not terminate the rental agreement for a condition caused by the deliberate or negligent act or omission of the tenant,  a member of the tenant's family or any other person on the premises with the tenant's consent.
B. Except as otherwise provided by law,  the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or any other provision of law.
C. The remedy provided in subsection B is in addition to any right of the tenant arising under subsection A.
D. If the rental agreement is terminated pursuant to this section,  the landlord shall return all deposits less reasonable damages.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2142 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services

33-2142.
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 equal to two months' periodic rent. If the rental agreement is terminated,  the landlord shall return all deposits,  less any utility charges and damages.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2144 - Abandonment

33-2144.
Abandonment
A. If a tenant abandons a recreational vehicle on the space,  the landlord shall notify the owner and lienholder of record of the recreational vehicle within fifteen days about the owner's or lienholder's liability for any costs incurred for the rental space including rent and utility costs due. Before notice is provided to the legal owner or lienholder,  the landlord is entitled to a maximum of sixty days' rent. After notice is provided,  the legal owner or lienholder is responsible for all costs. The recreational vehicle shall not be removed from the space without a signed statement from the landlord,  owner or park manager that shows clearance for removal of the recreational vehicle,  that all monies due have been paid in full or that the legal owner and landlord have agreed to allow removal.
B. This section applies only to recreational vehicles as defined in section 33-2102,  paragraph 18,  subdivision (c).
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2145 - Remedy after termination

33-2145.
Remedy after termination
A. If the rental agreement is terminated,  the landlord may have a claim for possession of the recreational vehicle space and for rent and a separate claim for actual damages for breach of the rental agreement.
B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181,  the landlord may provide written instructions to the sheriff or constable not to remove the recreational vehicle from its space,  and if those written instructions are provided,  the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the recreational vehicle and from the space it occupies. The recreational vehicle is deemed abandoned,  and the landlord may terminate any utility services that are provided by the landlord. An owner of a recreational vehicle in compliance with subsection C of this section may recover possession of the recreational vehicle while the title remains in the owner's name.
C. A recreational vehicle that is subject to a judgment for forcible detainer may not be removed from its space until the tenant has received from the landlord a clearance for removal that shows that all monies due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal. The landlord may agree in writing to accept other terms in satisfaction of the judgment. This subsection does not apply to any lienholder of record on the date of judgment or its successors or assigns.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2146 - Failure to maintain by tenant

33-2146.
Failure to maintain by tenant
If there is noncompliance by the tenant with law that materially affects health and safety and 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 ten 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 recreational vehicle space,  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 of the work as additional rent on the next date when periodic rent is due,  or if the rental agreement was terminated,  for immediate payment.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2147 - Periodic tenancy; holdover remedies

33-2147.
Periodic tenancy;  holdover remedies
A. The landlord may terminate a tenancy only as provided in this chapter.
B. 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 rent for the holdover period.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2148 - Retaliatory conduct prohibited; eviction

33-2148.
Retaliatory conduct prohibited;  eviction
A. Except as provided in this section,  a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction 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 that applies to the premises and that materially affects health and safety.
2. The tenant has complained to the landlord of a violation under this chapter.
3. The tenant has organized or become a member of a tenants' union or similar organization.
4. The tenant has filed an action seeking relief pursuant to section 33-2107 or has filed any other action against the landlord in an appropriate court.
B. If the landlord acts in violation of subsection A of this section,  the tenant is entitled to an amount equal to two months' periodic rent and twice the actual damages sustained by the tenant and has a defense in action against the landlord for eviction,  unless the landlord proves good cause for the landlord's action.
C. Notwithstanding subsections A and B of this section,  a landlord may bring an action for eviction if either of the following occurs:
1. The violation of an applicable building or housing code was caused primarily by lack of reasonable care by the tenant or another person in the tenant's household or who was on the premises with the tenant's consent.
2. The tenant is in default in rent. The filing of an action does not release the landlord from liability pursuant to section 33-2141,  subsection B.