landlord tenant; applications; fees; disclosures

HB2709 - 572R - I Ver

REFERENCE TITLE:
landlord tenant; applications; fees; disclosures

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2709

Introduced by

Representatives
Villegas: Abeytia, Aguilar, Austin, Cavero, Connolly, Contreras P, Crews, De
Los Santos, Garcia, Gutierrez, Liguori, Luna-N�jera, M�rquez, Mathis,
Peshlakai, Sandoval, Simacek, Stahl Hamilton, Travers;� Senator Ortiz

AN
ACT

amending title 33, chapter 10, article 1,
Arizona Revised Statutes, by adding section 33-1314.02; amending section
33-1322, Arizona Revised Statutes; 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 33-1314.02, to read:

START_STATUTE
33-1314.02.

Rental application fees; additional fees

Notwithstanding any other law, a landlord may
not charge a prospective tenant:

1. For the cost of a background check
or credit report if the prospective tenant provides the tenant's current credit
report to the landlord.

2. More than the actual cost of any
background check, credit report or other screening process used by the landlord
as a condition of receiving, reviewing and considering the potential tenancy of
the prospective tenant.� A landlord may not charge an application fee or other
separate fee to a prospective tenant if the landlord is charging the
prospective tenant for a background check, credit report or other screening
process.

3. For more than one rental
application in any twelve-month period
.

4. An additional fee for the use of
any service, online portal, AUTOMATIC withdrawal or other similar process for
making payments to the landlord.
END_STATUTE

Sec. 2. Section 33-1322, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-1322.

Disclosure and tender of written rental agreement

A. The landlord or any person authorized to enter
into a rental agreement on
his

the
landlord's
behalf shall disclose to the tenant in writing at or before
the commencement of the tenancy the name and address of each of the following:

1. The person authorized to manage the premises.

2. An owner of the premises or a person
who is
authorized to act for and on behalf of the owner for the
purpose of service of process and for the purpose of receiving and receipting
for notices and demands.

B. At or before the commencement of the tenancy, the
landlord shall inform the tenant in writing that the Arizona residential
landlord and tenant act is available on the Arizona department of housing's
website.

C. The information required to be furnished by this
section shall be kept current and refurnished to a tenant
upon

on
the tenant's request.� This section extends to and is
enforceable against any successor landlord, owner or manager.

D. A person who fails to comply with subsections A,
B and C
of this section
becomes an agent of each person
who is a landlord for the following purposes:

1. Service of process and receiving and receipting
for notices and demands.

2. Performing the obligations of the landlord under
this chapter and under the rental agreement and expending or making available
for the purpose all rent collected from the premises.

E. At
or before the commencement of the tenancy, The landlord shall disclose to the
tenant:

1. On
the first page of the rental agreement The exact amount of the periodic rent
and the exact amount of any mandatory fees or EXPENSES, without regard to how
those fees or expenses are designated, and the due date for those payments.�
The landlord shall include the same DISCLOSURES in any advertisement or other
PROMOTIONAL material that states the periodic rental rate and shall include
those disclosures in any web-based promotional materials, including the website
for the rental premises.

2.
Any additional fees or costs that may be chargeable
to the tenant and that are not included in the periodic rental rate, INCLUDING
charges for trash valet or for upgrades to the rental premises necessary to use
smart devices, and any other additional fees or costs, including taxes.� The
tenant may decline to use and pay for trash valet and smart device upgrades.�
The landlord shall include the same DISCLOSURES in any advertisement or other
PROMOTIONAL material that states the periodic rental rate and shall include
those disclosures in any web-based promotional materials, including the website
for the rental premises.

E.

F.
If there is a written rental agreement, the
landlord must tender and deliver a signed copy of the rental agreement to the
tenant and the tenant must sign and deliver to the landlord one fully executed
copy of such rental agreement within a reasonable time after the agreement is
executed. A written rental agreement shall have all blank spaces
completed. Noncompliance with this subsection
shall be

is

deemed a material
noncompliance by the landlord or the tenant, as the case may be, of the rental
agreement.
END_STATUTE