tenants; notice; fees; disclosure; remedies

HB4122 - 572R - I Ver

REFERENCE TITLE:
tenants; notice; fees; disclosure; remedies

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4122

Introduced by

Representatives
Crews: Aguilar, Austin, Liguori, Simacek, Villegas

AN
ACT

amending section 33-1314, Arizona Revised
Statutes; amending title 33, chapter 10, article 1, Arizona Revised Statutes,
by adding section 33-1314.02; amending section 33-1322, Arizona Revised
Statutes;

amending title 33, chapter 10, article 4,
Arizona Revised Statutes, by adding section 33-1380; 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. Section 33-1314, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-1314.

Terms and conditions of rental agreement; contact information;
property; pets

A. The landlord and tenant may include in a rental
agreement terms and conditions not prohibited by this chapter or any other law,
including rent, term of the agreement and other provisions governing the rights
and obligations of the parties.

B. In the absence of a rental agreement, the tenant
shall pay as rent the fair rental value for using and occupying the dwelling
unit.

C. Rent shall be payable without demand or notice at
the time and place agreed on by the parties. Unless otherwise
agreed, rent is payable at the dwelling unit and periodic rent is payable at
the beginning of any term of one month or less and otherwise in equal monthly
installments at the beginning of each month. Unless otherwise
agreed, rent shall be uniformly apportionable from day-to-day.

D. Unless the rental agreement fixes a definite
term, the tenancy shall be week-to-week in case of a roomer who
pays weekly rent, and in all other cases month-to-month.

E. The landlord shall provide at
least nine months' notice of any rent increase to any tenant who is renting on
a lease of one year or more or who has been a tenant of that landlord for one
year or more.

E.

F.
Notwithstanding
section 14-3911, the landlord may request and the tenant may provide and
routinely update the name and contact information of a person who is authorized
by the tenant to enter the tenant's dwelling unit to retrieve and store the
tenant's property, including the tenant's animal, if the tenant dies or is
otherwise incapacitated. If the landlord is unable to contact the
authorized person at the address and telephone number provided to the landlord
by the tenant or the authorized person fails to respond to the landlord's
request within one day for the animal or ten days for all other property after
initial written contact, the landlord may dispose of the property as prescribed
in section 33-1370 or may deem the animal abandoned, and if deemed
abandoned, shall remove and release the animal to an animal shelter or boarding
facility as prescribed in section 33-1370, subsection E. The
landlord may release the animal to a relative of the deceased or incapacitated
tenant if any of the following applies:

1. The landlord was not provided the contact
information of a person who is authorized by the tenant to retrieve the
tenant's animal.

2. The contact information is no longer valid.

3. The landlord is unable to contact the authorized
person after one calendar day.

F.

G.
Before
removing any of the tenant's personal property or the tenant's animal, the
authorized person shall present to the landlord a valid government issued
identification that confirms the identity of the authorized
person. The authorized person shall have twenty days after the date
of initial written contact by the landlord or the last date for which rent is
paid, whichever is longer, to remove items from the rental property and return
keys to the landlord during regular business hours.� If the landlord allows an
authorized person to enter the property to remove the tenant's personal
possessions as prescribed by this subsection, the landlord has no further
liability to the tenant, the tenant's estate or the tenant's heirs for lost,
damaged or stolen items. If the tenant's personal property is not
entirely removed from the rental unit by an authorized person, the landlord may
dispose of the property as prescribed in section 33-1370.

G.

H.
Subsections

E and
F
and G
of this section apply
only as follows:

1. To the tenant's personal property if the periodic
rent is unpaid and outstanding for at least five days.

2. To the tenant's animal if the tenant is deceased
or is otherwise incapacitated.
END_STATUTE

Sec. 2. 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. 3. 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
who is
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 state 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 state 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

Sec. 4. Title 33, chapter 10, article 4,
Arizona Revised Statutes, is amended by adding section 33-1380, to read:

START_STATUTE
33-1380.

Consumer fraud; enforcement

A landlord's violation of this chapter is deemed
to be a violation of title 44, cHapter 10, article 7, CONSTITUTES AN unlawful
PRACTICE under section 44-1522 and is subject to ENFORCEMENT UNDER TITLE 44,
CHAPTER 10, ARTICLE 7.
END_STATUTE

Sec. 5.
Short title

This act may be cited as the
"Fair Rental Agreement Act".