Yes, it is

Arizona’s Residential Landlord and Tenant Act was enacted by the Arizona Legislature and signed into law by Governor Jack Williams in 1973. The Act outlines the rights and responsibilities of both landlords and tenants in residential rental agreements across the state.

It covers a wide range of issues, including security deposits, maintenance obligations, lease termination, eviction procedures, and the conditions under which landlords and tenants can take legal action.

Arizona Residential Landlord and Tenant Act | Arizona Department of Housing

One of the key aspects of Arizona’s landlord and tenant law is its landlord-friendly nature. Compared to tenant protections in other states, Arizona’s law provides landlords with greater flexibility and control over rental agreements.

For example, Arizona doesn’t have any limits on rent increases (aka rent control), allowing landlords to increase rent was they see please as long as they give basic notice (30 days for month-to-month agreements)​. Landlords also don’t have to provide a grace period for late rent payments and there’s no state-imposed limit on late fees, although they must be considered reasonable.

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Landlords can end a lease and begin eviction proceedings with short notice periods, especially when compared to states with more balanced laws like Colorado and Minnesota. For example, if an Arizona tenant doesn’t pay rent the landlord can issue a 5-day notice to pay or vacate the premises. If the tenant doesn’t comply within this period, the landlord can file for eviction in court. ​The entire process, from issuing the notice to completing an eviction is much faster than in states with more balanced laws.

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At least Arizona’s law requires landlords to ensure rental properties are habitable and meet basic health and safety standards. Tenants at least have the right to request repairs and, in some cases, withhold rent or make repairs themselves and deduct the cost from the rent if the landlord doesn’t address significant issues.

Overall, while Arizona’s Landlord and Tenant Act offers some basic protections to tenants, its favors landlords overall, particularly in areas like rent control, lease termination, and eviction procedures. As a result, landlords in Arizona can manage their properties with few restrictions and evict tenants more quickly than in states with more tenant-friendly laws, leading to rapid eviction and increased risk for homelessness and even death during Arizona’s brutal summers.

In my next blog I’ll cover some best practice provisions that are fairer to tenants.

Resources for Tenants:

Note: I’ve been asked to summarize the typical timeline for eviction procedures in Arizona. Below is a basic timeline (recognizing that not every case will follow this timeline based on the decisions the landlord, tenant and court make (including the court schedule):

  1. Notice of Default: The landlord must provide written notice to the tenant for specific violations (e.g. non-payment of rent). For non-payment, a 5-day notice is given to pay the rent or vacate. For lease violations, a 10-day notice is typically required.
  2. Filing for Eviction: If the tenant does not comply with the notice (e.g. pay) the landlord can file a complaint with the court.
  3. Court Hearing: After filing, the court schedules a hearing, usually within 3 to 6 days of the filing. Both the landlord and tenant can present their case.
  4. Judgment and Writ of Restitution: If the court rules in favor of the landlord, a judgment for eviction is issued. The landlord can then request a Writ of Restitution, allowing law enforcement to remove the tenant. The tenant typically has 5 days to vacate after the writ is served.
  5. Enforcement: If the tenant does not leave, law enforcement may forcibly remove the tenant from the property.

The entire eviction process can take anywhere from 2 to 6 weeks, depending on the circumstances and the court’s schedule.

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