Arizona Residential Lease Agreement
In Accordance with Title 33, Chapter 10
THIS AGREEMENT (hereinafter referred to as the "Arizona Lease Agreement")
is made and entered into this ____ day of _______________, ______, by and between
___________________________________ (hereinafter referred to as "Landlord") and
________________________________________ (hereinafter referred to as "Tenant").
For and in consideration of the covenants and obligations contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. PROPERTY. Landlord owns certain real property and improvements located at
__________________ (hereinafter referred to as the "Property"). Landlord desires to
lease the Premises to Tenant upon the terms and conditions contained herein. Tenant
desires to lease the Premises from Landlord on the terms and conditions as contained
herein.
2. TERM. This Arizona Lease Agreement shall commence on
________________________ and shall continue as a lease for term. The
termination date shall be on ___________________ at 11:59 PM. Upon
termination date, Tenant shall be required to vacate the Premises unless one of
the following circumstances occur:
(i)
Landlord and Tenant formally extend this Arizona Lease Agreement in
writing or create and execute a new, written, and signed Arizona Lease
Agreement; or
(ii)
Landlord willingly accepts new Rent from Tenant, which does not
constitute past due Rent.
In the event that Landlord accepts new rent from Tenant after the termination
date, a month-to-month tenancy shall be created. If at any time either party
desires to terminate the month-to-month tenancy, such party may do so by
providing to the other party written notice of intention to terminate at least 30
days prior to the desired date of termination of the month-to-month tenancy.
Notices to terminate may be given on any calendar day, irrespective of
Commencement Date. Rent shall continue at the rate specified in this Arizona
Lease Agreement, or as allowed by law. All other terms and conditions as
outlined in this Arizona Lease Agreement shall remain in full force and effect.
Time is of the essence for providing notice of termination (strict compliance with
dates by which notice must be provided is required)
3. RENT. Tenant shall pay to Landlord the sum of $______________ per month as
Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st
day of each calendar month and shall be considered advance payment for that
month. Weekends and holidays do not delay or excuse Tenant’s obligation to
timely pay rent.
A. Delinquent Rent. If not paid on the 1st, Rent shall be considered overdue
and delinquent on the 2nd day of each calendar month. If Tenant fails to
timely pay any month’s rent, Tenant will pay Landlord a late charge of
$_________ per day until rent is paid in full. If Landlord receives the
monthly rent by the 3rd day of the month, Landlord will waive the late
charges for that month. Any waiver of late charges under this paragraph
will not affect or diminish any other right or remedy Landlord may exercise
for Tenant’s failure to timely pay rent.
B. Prorated Rent. In the event that the Commencement Date is not the 1st of
the calendar month, Rent payment remitted on the Commencement Date
shall be prorated based on a 30-day period.
C. Returned Checks. In the event that any payment by Tenant is returned for
insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay
$_________ to Landlord for each such check, plus late charges, as
described above, until Landlord has received payment. Furthermore,
Landlord may require in writing that Tenant pay all future Rent payments
by cash, money order, or cashier's check.
D. Order in which funds are applied. Landlord will apply all funds received
from Tenant first to any non-rent obligations of Tenant including late
charges, returned check charges, charge-backs for repairs, brokerage
fees, and periodic utilities, then to rent, regardless of any notations on a
check.
E. Rent Increases. There will be no rent increases through the Termination
Date. If this lease is renewed automatically on a month to month basis,
Landlord may increase the rent during the renewal period by providing
written notice to Tenant that becomes effective the month following the
30th day after the notice is provided.
4. SECURITY DEPOSIT. Upon execution of this Arizona Lease Agreement,
Tenant shall deposit with Landlord the sum of $_______________ (which
amount is not in excess of two months periodic rent) receipt of which is hereby
acknowledged by Landlord, as security for any damage caused to the Premises
during the term hereof. Landlord may place the security deposit in an interest
bearing account and any interest earned will be paid to Landlord or Landlord’s
representative.
A. REFUND. Upon termination of the tenancy, all funds held by the
landlord as security deposit may be applied to the payment of accrued rent and
the amount of damages that the landlord has suffered by reason of the tenant's
noncompliance with the terms of this Arizona Lease Agreement or with any and
all laws, ordinances, rules and orders of any and all governmental or quasi-
governmental authorities affecting the cleanliness, use, occupancy and
preservation of the Premises.
B. DEDUCTIONS. Landlord may deduct reasonable charges from the
security deposit for:
(1.) Unpaid or accelerated rent;
(2.) Late charges;
(3.) Unpaid utilities;
(4.) Costs of cleaning, deodorizing, and repairing the Property and its
contents for which Tenant is responsible;
(5.) Pet violation charges;
(6.) Replacing unreturned keys, garage door openers, or other security
devices;
(7.) The removal of unauthorized locks or fixtures installed by Tenant;
(8.) Insufficient light bulbs;
(9.) Packing, removing, and storing abandoned property;
(10.) Removing abandoned or illegally parked vehicles;
(11.) Costs of reletting, if Tenant is in default;
(12.) Attorney fees and costs of court incurred in any proceeding
against Tenant;
(13.) Any fee due for early of removal of an authorized keybox;
(14.) Other items Tenant is responsible to pay under this Lease.
If deductions exceed the security deposit, Tenant will pay to Landlord the excess
within ten days after Landlord makes written demand. The security deposit will be
applied first to any non-rent items, including late charges, returned check
charges, repairs, brokerage fees, and periodic utilities, then to any unpaid rent.
5. USE OF PREMISES. The Premises shall be used and occupied solely by Tenant
and Tenant's immediate family, consisting of ____________________________,
exclusively, as a private single family dwelling, and no part of the Premises shall
be used at any time during the term of this Arizona Lease Agreement by Tenant
for the purpose of carrying on any business, profession, or trade of any kind, or
for any purpose other than as a private single family dwelling. Tenant shall not
allow any other person, other than Tenant's immediate family or transient
relatives and friends who are guests of Tenant, to use or occupy the Premises
without first obtaining Landlord's written consent to such use. Tenant shall
comply with any and all laws, ordinances, rules and orders of any and all
governmental or quasi-governmental authorities affecting the cleanliness, use,
occupancy and preservation of the Premises.
6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that
Tenant has examined the Premises, and that they are at the time of this Lease in
good order, repair, and in a safe, clean and tenantable condition.
7. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Arizona Lease
Agreement, or sub-let or grant any license to use the Premises or any part
thereof without the prior written consent of Landlord. A consent by Landlord to
one such assignment, sub-letting or license shall not be deemed to be a consent
to any subsequent assignment, sub-letting or license. An assignment, sub-letting
or license without the prior written consent of Landlord or an assignment or sub-
letting by operation of law shall be absolutely null and void and shall, at
Landlord's option, terminate this Arizona Lease Agreement.
8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to
the buildings or improvements on the Premises or construct any building or make
any other improvements on the Premises without the prior written consent of
Landlord. Any and all alterations, changes, and/or improvements built,
constructed or placed on the Premises by Tenant shall, unless otherwise
provided by written agreement between Landlord and Tenant, be and become
the property of Landlord and remain on the Premises at the expiration or earlier
termination of this Aa Lease Agreement.
9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver
possession of the Premises to Tenant upon the commencement of the Lease
term, through no fault of Landlord or its agents, then Landlord or its agents shall
have no liability, but the rental herein provided shall abate until possession is
given. Landlord or its agents shall have thirty (30) days in which to give
possession, and if possession is tendered within such time, Tenant agrees to
accept the demised Premises and pay the rental herein provided from that
date. In the event possession cannot be delivered within such time, through no
fault of Landlord or its agents, then this Arizona Lease Agreement and all rights
hereunder shall terminate.
10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of
a dangerous, flammable or explosive character that might unreasonably increase
the danger of fire or explosion on the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.
11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility
services required on the Premises.
12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep
and maintain the Premises and appurtenances in good and sanitary condition
and repair during the term of this Arizona Lease Agreement and any renewal
thereof. Without limiting the generality of the foregoing, Tenant shall:
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls,
which shall be used for the purposes of ingress and egress only;
B. Keep all windows, glass, window coverings, doors, locks and hardware in
good, clean order and repair;
C. Not obstruct or cover the windows or doors;
D. Not leave windows or doors in an open position during any inclement
weather;
E. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or
balcony nor air or dry any of same within any yard area or space;
F. Not cause or permit any locks or hooks to be placed upon any door or
window without the prior written consent of Landlord;
G. Keep all air conditioning filters clean and free from dirt;
H. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus
in good order and repair and shall use same only for the purposes for which
they were constructed. Tenant shall not allow any sweepings, rubbish, sand,
rags, ashes or other substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing stopped plumbing
resulting from misuse shall be borne by Tenant;
I. Tenant's family and guests shall at all times maintain order in the Premises
and at all places on the Premises, and shall not make or permit any loud or
improper noises, or otherwise disturb other residents;
J. Keep all radios, television sets, stereos, phonographs, etc., turned down to a
level of sound that does not annoy or interfere with other residents;
K. Deposit all trash, garbage, rubbish or refuse in the locations provided and
shall not allow any trash, garbage, rubbish or refuse to be deposited or
permitted to stand on the exterior of any building or within the common
elements;
L. Abide by and be bound by any and all rules and regulations affecting the
Premises or the common area appurtenant thereto which may be adopted or
promulgated by the Condominium or Homeowners' Association having control
over them.
13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered
wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence of Tenant, this Arizona Lease Agreement shall terminate from
such time except for the purpose of enforcing rights that may have then accrued
hereunder. The rental provided for herein shall then be accounted for by and
between Landlord and Tenant up to the time of such injury or destruction of the
Premises, Tenant paying rentals up to such date and Landlord refunding rentals
collected beyond such date. Should a portion of the Premises thereby be
rendered uninhabitable, the Landlord shall have the option of either repairing
such injured or damaged portion or terminating this Lease. In the event that
Landlord exercises its right to repair such uninhabitable portion, the rental shall
abate in the proportion that the injured parts bears to the whole Premises, and
such part so injured shall be restored by Landlord as speedily as practicable,
after which the full rent shall recommence and the Arizona Lease Agreement
continue according to its terms.
14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right
at all reasonable times, and by all reasonable means, without notice, during the
term of this Arizona Lease Agreement and any renewal thereof to enter the
Premises for the following purposes:
A. Inspect the Property for condition;
B. Make repairs;
C. Show the Property to prospective tenants, prospective purchasers,
inspectors, fire marshals, lenders, appraisers, or insurance agents;
D. Exercise a contractual or statutory lien;
E. Leave written notice;
F. Seize nonexempt property after default.
Landlord may prominently display a “For Sale” or “For Lease” or similarly worded
sign on the Property during the term of this Lease or any renewal period.
If Tenant fails to permit reasonable access under this Paragraph, Tenant will be
in default.
15. SUBORDINATION OF LEASE. This Arizona Lease Agreement and Tenant's
interest hereunder are and shall be subordinate, junior and inferior to any and all
mortgages, liens or encumbrances now or hereafter placed on the Premises by
Landlord, all advances made under any such mortgages, liens or encumbrances
(including, but not limited to, future advances), the interest payable on such
mortgages, liens or encumbrances and any and all renewals, extensions or
modifications of such mortgages, liens or encumbrances.
16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with
the consent of Landlord after the natural expiration of this Arizona Lease
Agreement, a new tenancy from month-to-month shall be created between
Landlord and Tenant which shall be subject to all of the terms and conditions
hereof except that rent shall then be due and owing at $__________________
per month and except that such tenancy shall be terminable upon fifteen (15)
days written notice served by either party.
17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant
shall surrender the Premises in as good a state and condition as they were at the
commencement of this Arizona Lease Agreement, reasonable use and wear and
tear thereof and damages by the elements excepted.
18. ANIMALS. THERE WILL BE NO ANIMALS, unless authorized by a separate
written Pet Addendum to this Residential Lease Agreement. Tenant shall not
permit any animal, including mammals, reptiles, birds, fish, rodents, or insects on
the property, even temporarily, unless otherwise agreed by a separate written
Pet Agreement. If tenant violates the pet restrictions of this Lease, Tenant will
pay to Landlord a fee of $_____________ per day per animal for each day
Tenant violates the animal restrictions as additional rent for any unauthorized
animal. Landlord may remove or cause to be removed any unauthorized animal
and deliver it to appropriate local authorities by providing at least 24-hour written
notice to Tenant of Landlord’s intention to remove the unauthorized animal.
Landlord will not be liable for any harm, injury, death, or sickness to any
unauthorized animal. Tenant is responsible and liable for any damage or required
cleaning to the Property caused by any unauthorized animal and for all costs
Landlord may incur in removing or causing any unauthorized animal to be
removed.
19. WATERBEDS. THERE WILL BE NO WATERBEDS, unless authorized by a
separate written Waterbed Addendum to this Residential Lease Agreement.
20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to
herein as being payable by Tenant and Tenant's performance of all Tenant's
agreements contained herein and Tenant's observance of all rules and
regulations, shall and may peacefully and quietly have, hold and enjoy said
Premises for the term hereof.
21. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or
to the Tenant, Tenant's family, guests, invitees, agents or employees or to any
person entering the Premises or the building of which the Premises are a part or
to goods or equipment, or in the structure or equipment of the structure of which
the Premises are a part, and Tenant hereby agrees to indemnify, defend and
hold Landlord harmless from any and all claims or assertions of every kind and
nature.
22. DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief
provided by law. If Tenant fails to comply with any of the material provisions of
this Arizona Lease Agreement, other than the covenant to pay rent, or of any
present rules and regulations or any that may be hereafter prescribed by
Landlord, or materially fails to comply with any duties imposed on Tenant by
statute, within seven (7) days after delivery of written notice by Landlord
specifying the non-compliance and indicating the intention of Landlord to
terminate the Lease by reason thereof, Landlord may terminate this Arizona
Lease Agreement. If Tenant fails to pay rent when due and the default continues
for seven (7) days thereafter, Landlord may, at Landlord's option, declare the
entire balance of rent payable hereunder to be immediately due and payable and
may exercise any and all rights and remedies available to Landlord at law or in
equity or may immediately terminate this Arizona Lease Agreement.
23. ABANDONMENT. If at any time during the term of this Arizona Lease
Agreement Tenant abandons the Premises or any part thereof, Landlord may, at
Landlord's option, obtain possession of the Premises in the manner provided by
law, and without becoming liable to Tenant for damages or for any payment of
any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant,
relet the Premises, or any part thereof, for the whole or any part thereof, for the
whole or any part of the then unexpired term, and may receive and collect all rent
payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable
for any difference between the rent that would have been payable under this
Arizona Lease Agreement during the balance of the unexpired term, if this
Arizona Lease Agreement had continued in force, and the net rent for such
period realized by Landlord by means of such reletting. If Landlord's right of
reentry is exercised following abandonment of the Premises by Tenant, then
Landlord shall consider any personal property belonging to Tenant and left on the
Premises to also have been abandoned, in which case Landlord may dispose of
all such personal property in any manner Landlord shall deem proper and
Landlord is hereby relieved of all liability for doing so.
24. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an
attorney to enforce any of the conditions or covenants hereof, including the
collection of rentals or gaining possession of the Premises, Tenant agrees to pay
all expenses so incurred, including a reasonable attorneys' fee.
25. RECORDING OF ARIZONA LEASE AGREEMENT. Tenant shall not record this
Arizona Lease Agreement on the Public Records of any public office. In the
event that Tenant shall record this Arizona Lease Agreement, this Arizona Lease
Agreement shall, at Landlord's option, terminate immediately and Landlord shall
be entitled to all rights and remedies that it has at law or in equity.
26. GOVERNING LAW. This Arizona Lease Agreement shall be governed,
construed and interpreted by, through and under the Laws of the State of
Arizona.
27. SEVERABILITY. If any provision of this Arizona Lease Agreement or the
application thereof shall, for any reason and to any extent, be invalid or
unenforceable, neither the remainder of this Arizona Lease Agreement nor the
application of the provision to other persons, entities or circumstances shall be
affected thereby, but instead shall be enforced to the maximum extent permitted
by law.
28. BINDING EFFECT.The covenants, obligations and conditions herein contained
shall be binding on and inure to the benefit of the heirs, legal representatives,
and assigns of the parties hereto.
29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience of reference only and they are not intended to have any effect
whatsoever in determining the rights or obligations of the Landlord or Tenant.
30. CONSTRUCTION. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
31. NON-WAIVER. No delay, indulgence, waiver, non-enforcement, election or non-
election by Landlord under this Arizona Lease Agreement will be deemed to be a
waiver of any other breach by Tenant, nor shall it affect Tenant's duties,
obligations, and liabilities hereunder.
32. MODIFICATION.The parties hereby agree that this document contains the entire
agreement between the parties and this Arizona Lease Agreement shall not be
modified, changed, altered or amended in any way except through a written
amendment signed by all of the parties hereto.
33. NOTICE. Any notice required or permitted under this Lease or under state law
shall be delivered to Tenant at the Property address, and to Landlord at the
following address:
________________________________________________________________
34. LEAD-BASED PAINT DISCLOSURE. If the premises were constructed prior to
1978, Tenant acknowledges receipt of the form entitled “LEAD-BASED PAINT
DISCLOSURE” which contains disclosure of information on lead-based paint
and/or lead-based paint hazards.
As to Landlord this ______ day of ________________________, _______.
LANDLORD:

Sign: ___________________________________
Print: _________________________________ Date: ______________
As to Tenant, this ______ day of ________________________, _______.
TENANT

Sign: ___________________________________
Print: __________________________________ Date: ______________

TENANT

Sign: ___________________________________
Print: __________________________________ Date: ______________