ARIZONA RESIDENTIAL LEASE AGREEMENT
This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
_________
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
1. PROPERTY
The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord a certain real property and improvements described below, according to the terms and conditions described in this Lease Agreement.
A house located at _________, _________, Arizona, _________ (hereinafter, the "Property").
Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the "Building") wherein the Property is located is included in the Lease.
2. TERM
The term of this Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").
The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:
(i) The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement.
(ii) Mandated by local rent control law.
(iii) The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate.
All other terms and conditions of this Agreement shall remain in full force and effect.
Under Arizona Revised Statutes § 33.1375, the Landlord may bring an action for possession if the Tenant(s) willfully and in bad faith remains in possession of the property after the termination of the term of the agreement without the Landlord's consent. In addition, the Landlord may recover an amount equal to, but not more than two months' periodic rent or twice the actual damages sustained by the Landlord, whichever is greater.
IF TENANT WILLFULLY FAILS TO VACATE THE PROPERTY AS PROVIDED FOR IN THIS AGREEMENT, LANDLORD WILL BE ENTITLED TO RECOVER AN AMOUNT EQUAL TO BUT NOT MORE THAN TWO MONTHS' PERIODIC RENT OR TWICE THE ACTUAL DAMAGES SUSTAINED BY THE LANDLORD, WHICHEVER IS GREATER, AS PROVIDED FOR IN THE ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT ("ARLTA").
3. MANAGEMENT
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs or maintenance of the Property.
If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:
Address: _________
Telephone: _________
Email: _________
4. RENT
The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease.
The full month's rent is due and payable not later than _________ of each month lease period.
Please Take Notice that mail delays will not excuse the Tenant(s)'s obligation to pay the rent on time.
Place of Payment:
The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the Landlord and make all amounts payable to the following address:
_________
The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.
Please Take Notice that you must place the Property address and the Tenant(s)'s name on all payments.
Method of Payment:
The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):
5. OCCUPANTS
During the Term of this Lease Agreement, the only individuals the Tenant(s) may permit to reside on the Property are the following:
_________
The Tenant(s) may not permit any guest to stay on the Property longer than _________ consecutive days or _________ days in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances.
The amount of time the Tenant(s) guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ days without the Landlord's written permission, whichever is less.
6. SMOKING
Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.
If the Tenant(s) contravenes this provision by smoking tobacco or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. Moreover, the violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
7. MAINTENANCE
The Landlord shall maintain the Property at all times and perform all repairs reasonably necessary. The primary duty of the Landlord shall be to meet the implied warranty of habitability of the Property, that is, that the Property is in a safe, livable condition.
Additionally, during the Term of this Lease Agreement and any renewal thereof, the Tenant(s) shall:
(1) Keep the Property clean and safe, use all electrical, plumbing, heating, ventilating, and air conditioning facilities and appliances in a reasonable manner.
(2) Repair any damage arising from the act or negligence of the Tenant(s), Occupants, or guests, agents, visitors, and invitees, at the Tenant(s)'s expense.
(3) Surrender the Property in as good order and condition as when received, reasonable wear and tear excepted, upon the termination of this Lease Agreement.
(4) Immediately notify the Landlord, in writing, of any problem, malfunction or damage; otherwise, the Tenant(s) will be liable for the costs of any such damage, which might have been avoided had the Tenant promptly notified the Landlord of the defect.
8. REPAIRS
According to Arizona Revised Statutes 33-1324, The landlord shall:
(1) Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in § 9-1303.
(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, as well as all the other duties imposed therein.
All requests for repairs must be in writing and delivered to the Landlord. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.
Under Arizona Revised Statutes § 33-1363, if the Landlord fails to comply with § 33-1324, and the costs of repairs are less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the Tenant(s) may notify the Landlord of the Tenant(s) intention to correct the condition at the Landlord's expense. If the Landlord fails to comply within ten (10) days of the Tenant(s)'s notice with his or her obligations or as promptly thereafter as conditions require in case of emergency, the Tenant(s) may incur in self-help for minor defects and cause the work to be done by a licensed contractor, after submitting to the Landlord an itemized statement and a waiver of lien. In this case, the Tenant(s) shall have a right to deduct from his or her rent the actual cost of the work, not exceeding the amount specified above.
The Landlord does not have a duty to repair or remedy a condition if:
(1) The Tenant(s) is delinquent in rent at the time a repair notice is given.
(2) The condition was caused by the Tenant(s), a member of the Tenant(s)'s family, or a guest or invitee of the Tenant(s) (unless the condition was caused by normal wear and tear).
The parties agree that seven (7) days is a reasonable time for the Landlord to make a diligent effort to repair a condition unless there are circumstances that establish that a different period is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities).
If in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.
9. UTILITIES AND SERVICES
The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
10. ALTERATIONS AND IMPROVEMENTS
The Tenant(s) shall not make any alterations, additions, redecorations, or any sort of improvements on the leased Property without the Landlord's prior written consent. All additions, alterations, fixtures, or improvements made by the Tenant(s), except movable household furniture, shall become the Landlord's property and remain on the Property and shall be surrendered with the leased premises at the Termination of this Lease Agreement.
11. HAZARDOUS MATERIALS
The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material on the Property that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
12. LANDLORD ACCESS TO PROPERTY
In accordance with Arizona Revised Statutes § 33-1343, the Tenant(s) and the Landlord shall comply with all of the following:
(i) The Tenant(s) shall not unreasonably withhold consent to the Landlord to enter into the dwelling unit 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.
(ii) If the Tenant(s) notifies the Landlord of a service request or a request for maintenance, the notice from the Tenant(s) constitutes permission from the Tenant(s) for the Landlord to enter the dwelling unit for the sole purpose of acting on the service or maintenance request.
(iii) The Landlord may enter the dwelling unit without the consent of the Tenant(s) in case of emergency.
(iv) The Landlord shall not abuse the right to access or use it to harass the Tenant(s). 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.
13. ASSIGNMENT / SUBLETTING
The Tenant(s) shall not, without the prior written consent of the Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, mortgage, encumber or hypothecate this Lease or any interest herein or sublet the Property or any part thereof.
The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rentals such as through Airbnb, VRBO, or other such sites or programs. Any advertising or online postings, as well as actual rentals of the Property to vacation or short-term guests, shall constitute a material breach of this Lease Agreement.
Any person who is not a Tenant who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a substantial and material breach of this Lease Agreement.
14. NOTICES
Notice required by statute will be given under Arizona Revised Statutes § 33-1313. All notices shall be deemed sufficient if made as follows:
- All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until the Tenant(s) is notified, in writing, to the contrary.
- All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the Leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.
Landlord:
_________
_________
Tenant:
_________
_________, _________, Arizona _________
Such addresses may be changed from time to time by any party by providing notice as set forth above.
15. GOVERNING LAW
This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Arizona.
16. ACKNOWLEDGEMENT OF IMPORTANT INFORMATION AND DISCLOSURES
The Tenant(s) acknowledges that the Landlord has complied with all of the following:
- Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for the Landlord.
- The Tenant(s) is hereby notified that a negative credit report reflecting on the Tenant(s)'s credit history may be submitted to a credit reporting agency if the Tenant(s) fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Lease Agreement.
- The Landlord is not obligated to respond to any requests for the Tenant(s)'s rental and payment history from a mortgage company or other prospective landlord until the Tenant(s) has given notice of termination of this lease and the Tenant(s) is not in breach of this lease. (Notice: The Landlord or the Landlord's Agent may charge a reasonable fee for processing such information.
- The Landlord's insurance does not cover the Tenant(s) from loss of personal property. The Landlord highly recommends that the Tenant(s) obtain liability insurance and insurance for casualties such as fire, flood, water damage, and theft.
- This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing.
- The Arizona Residential Landlord and Tenant Act requires that landlords inform tenants that the Arizona Residential Landlord and Tenant Act is available online at the Arizona Department of Housing's website. You can find the Act at the following link: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf
- The Landlord has furnished the Tenant(s) an inspection checklist to itemize any existing damages to the Property and the Tenant(s) shall accept the Property in its existing condition upon signing this Lease Agreement. As stated above in the "Condition of Property" section of this Lease Agreement, the Tenant(s) is hereby notified that the Landlord shall allow the Tenant(s) to be present at the move-out inspection.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
Landlord:
By: ___________________________ Date: __________________
_________
Tenant:
By: ___________________________ Date: __________________
_________
ARIZONA LEASE AGREEMENT
INSPECTION CHECKLIST
Address: _________, _________, Arizona _________
The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
| SATISFACTORY | COMMENTS |
Bathrooms | _________ | _________________________ |
Carpeting | _________ | _________________________ |
Ceilings | _________ | _________________________ |
Closets | _________ | _________________________ |
Countertops | _________ | _________________________ |
Dishwasher | _________ | _________________________ |
Disposal | _________ | _________________________ |
Doors | _________ | _________________________ |
Fireplace | _________ | _________________________ |
Lights | _________ | _________________________ |
Locks | _________ | _________________________ |
Refrigerator | _________ | _________________________ |
Screens | _________ | _________________________ |
Stove | _________ | _________________________ |
Walls | _________ | _________________________ |
Windows | _________ | _________________________ |
Window coverings | _________ | _________________________ |
_________ | _________ | _________________________ |
_________ | _________ | _________________________ |
_____________________
Date
Tenant:
By: ___________________________ Date: __________________
_________
Acknowledged by Landlord/Agent:
By: ___________________________ Date: __________________
_________