A written rental agreement MUST: Disclose the name of the manager and the owner or owner’s agent; disclose that the owner has Arizona real estate license (if true); inform the tenant that a copy of the Act is available free of charge from the Arizona Secretary of State’s Office; inform the tenant that s/he may be present during the move-out inspection; be completely filled out; state which deposits are nonrefundable and state the purpose for each nonrefundable deposit, charge or fee; be in writing if longer than one year; give notice about lead-based paint and pool safety (if applicable); and a signed copy must be delivered to the tenant. In addition, the landlord must
provide the tenant with a move-in inspection form when tenancy begins and an out-of-state residential landlord must have an in-state statutory agent.
The rental agreement SHOULD: be written; be comprehensive; provide for abandonment; describe the tenant’s maintenance obligations; explain limitations on alterations/modifications; provide for regular inspections; provide for payment of expenses incurred to bring legal action, late fees, notice fees and how partial payments are to be applied; include a liquidated damages provision, a jury waiver provision, allow for rental tax increases and include other provisions.
The rental agreement CANNOT: require the tenant to waive his/her rights, include any provision contrary to the Act, agree to pay attorney’s fees (with an exception), agree to limit the landlord’s liability, and/or require a security deposit greater than one and one-half month’s rent.
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