Rental Application and Tenant-Screening Fee Requirements in Arizona
At a glance
| Governing law and coverage | A.R.S. Title 33, ch. 10; dwelling-unit rentals, subject to § 33-1308 exclusions (§§ 33-1304, 33-1310) |
|---|---|
| Fees allowed or prohibited | No application-fee-specific authorization or ban; purpose of every nonrefundable fee or deposit must be stated in writing (§ 33-1321(B)) |
| Maximum charge and adjustment | No special dollar, actual-cost, customary-cost, or indexed application/screening-fee ceiling in ch. 10; the 1.5-month cap applies to security (§ 33-1321(A)) |
| Permitted costs and charge timing | No application-fee cost list, vacancy condition, charge-when-considered rule, or special collection timing in ch. 10 |
| Before-screening disclosures | Written purpose required for a nonrefundable fee; no special vacancy, criteria, report-source, or dispute-right disclosure (§ 33-1321(B)) |
| Receipt, report copy, and refund | Fee not designated nonrefundable is refundable; no special application-fee receipt, report-copy, unused-fee, or denial-refund deadline (§ 33-1321(B)) |
| Applicant-supplied or reusable reports | No applicant-supplied, portable, or reusable tenant-screening-report procedure in ch. 10 |
| Application order and adverse action | No first-in-order, first-qualified, single-application, or state application-denial notice procedure in ch. 10 |
| Remedies and stronger local rules | No application-fee-specific damages or local-rule clause; § 33-1329 preempts rent control, not application fees by name |
Arizona's statewide rule
A.R.S. § 33-1304 applies the Residential Landlord and Tenant Act to dwelling- unit rentals, subject to the arrangements excluded by A.R.S. § 33-1308. The definitions in A.R.S. § 33-1310(4), (7), (15), and (17) distinguish a dwelling unit, landlord, “security,” and tenant. Security is money or property given to assure performance under a rental agreement.
For an ordinary application or screening charge, the operative statewide rule is A.R.S. § 33-1321(B): “The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is refundable.” The neighboring 1.5-month ceiling in subsection (A) applies to security, however denominated, rather than creating an application-fee maximum.
The current chapter creates no separate rule limiting an application or screening charge to actual costs, delaying collection until an application is considered, requiring a vacancy or criteria disclosure, providing an itemized receipt or screening-report copy, setting a denial-refund deadline, accepting a portable report, processing applications in a stated order, or issuing a state application-denial notice.
What trips people up
“Refundable unless labeled otherwise” is not a denial-refund guarantee. Section 33-1321(B) makes a fee refundable when it was not designated nonrefundable. It does not create a special deadline to return a properly disclosed nonrefundable application fee merely because the applicant was not selected.
The security-deposit cap does not become an application-fee cap. A.R.S. § 33-1310 defines security by its purpose—assuring payment or performance under a rental agreement. Section 33-1321(A)'s 1.5-month limit governs that security.
The local preemption text addresses rent control. A.R.S. § 33-1329(A) preempts city and town control of rents on private residential property. It does not name rental-application or tenant-screening fees. This page does not catalogue or decide the validity of a particular local measure under other law.
Common questions
Does Arizona set a maximum rental-application fee? Chapter 10 states no special dollar, actual-cost, customary-cost, or indexed ceiling for an ordinary application or screening charge.
Must the charge be described before payment? If the landlord treats it as nonrefundable, § 33-1321(B) requires the purpose to be stated in writing.
Must a landlord accept a recent credit or background report I already have? Chapter 10 contains no applicant-supplied or reusable screening-report process.
Statutes and sources
- A.R.S. § 33-1304 — chapter coverage.
This chapter shall apply to the rental of dwelling units.
Official source: https://www.azleg.gov/ars/33/01304.htm (accessed 2026-07-21) - A.R.S. § 33-1308 — arrangements excluded from the chapter.
Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter ...
Official source: https://www.azleg.gov/ars/33/01308.htm (accessed 2026-07-21) - A.R.S. § 33-1310 — landlord, dwelling-unit, security, and tenant definitions.
“Security” means money or property given to assure payment or performance under a rental agreement.
Official source: https://www.azleg.gov/ars/33/01310.htm (accessed 2026-07-21) - A.R.S. § 33-1321(A)-(B) — security cap and the written-purpose/refund default for nonrefundable fees.
The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord. Any fee or deposit not designated as nonrefundable is refundable.
Official source: https://www.azleg.gov/ars/33/01321.htm (accessed 2026-07-21) - A.R.S. § 33-1329(A) — rent-control preemption.
Therefore, the power to control rents on private residential property is preempted by the state.
Official source: https://www.azleg.gov/ars/33/01329.htm (accessed 2026-07-21)
Source links
Every statute quoted above, linked, with the date we checked it.
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