landlord tenant act; application fees

HB2243 - 572R - I Ver

REFERENCE TITLE:
landlord tenant act; application fees

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2243

Introduced by

Representative
Blackman

AN
ACT

amending title 33, chapter 10, article 1,
Arizona Revised Statutes, by adding section 33-1320; relating to the Arizona
residential landlord and tenant act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 10, article 1,
Arizona Revised Statutes, is amended by adding section 33-1320, to read:

START_STATUTE
33-1320.

Landlord rental application fees; disclosure; limitations;
liability; definition

A. Before requesting a rental
application fee or screening information from a prospective tenant, a landlord
shall disclose in writing to the prospective tenant the following information:

1. The amount and purpose of any
rental application fee, including a disclosure of the landlord's anticipated
expenses for which the fee will be used, or an itemization of the landlord's
actual expenses incurred.

2. The types of information that will
be accessed to conduct a tenant screening, including the name of any credit or
consumer reporting agency that will be contacted.

3. Any specific criteria that will
result in an automatic denial of the prospective tenant's rental application.

B. A landlord may not charge a
prospective tenant a rental application fee if any of the following applies:

1. The landlord does not intend to
use the entire amount of the fee to cover the landlord's actual expenses in
processing the rental application.

2. The rental application fee is a
different amount than a rental application fee charged to another prospective
tenant who applies to rent either:

(
a
) The same
dwelling unit.

(
b
) If the
landlord offers more than one dwelling unit for rent at the same time, any
other dwelling unit offered by the landlord.

3. The landlord knows or should know
that a rental unit is not available at the time the prospective tenant submits
a rental application or will not be available within a reasonable future time
of when the prospective tenant submits a rental application.

C. A landlord that charges a
prospective tenant a rental application fee shall:

1. PROVIDE the prospective tenant
with a written or electronic receipt for any rental application fee received.

2. Remit to the prospective tenant
any portion of the rental application fee that exceeds the landlord's actual
expenses in processing the application within fourteen calendar DAYS after
processing the application.

D. A landlord may not approve or deny
a prospective tenant's rental application without reviewing the prospective
tenant's rental application and conducting an individualized assessment of the
PROSPECTIVE tenant based on uniform tenant SCREENING criteria.

E. A landlord that violates this
section is liable for treble damages plus court costs and reasonable attorney
fees.� This section DOES not limit the right of an aggrieved person to recover
damages under any other applicable law.

F. For the purposes of this section,
"rental application fee":

1. means any sum of money, however
denominated, that is CHARGED or accepted by a landlord from a prospective
tenant in connection with the prospective tenant's submission of a rental
application, including any BACKGROUND check, consumer report or credit
screening of a prospective tenant or any nonrefundable fee that precedes the
ONSET of tenancy.

2. Does not include a refundable
security deposit or any rent that is paid before the ONSET of tenancy.
END_STATUTE