RESIDENTIAL LEASE AGREEMENT

(State of Arizona)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease Grant
   3.2 Lease Term
   3.3 Rent; Additional Charges; Payment Mechanics
   3.4 Security Deposit
   3.5 Use of Premises; Occupancy Limits
   3.6 Utilities & Services
   3.7 Condition of Premises; Habitability; Maintenance
   3.8 Landlord Access
   3.9 Rules & Regulations
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

Attachments (incorporated by reference)
A. Move-In / Move-Out Condition Checklist
B. Lead-Based Paint Disclosure (if Premises built before 1978)
C. Bedbug Educational Materials (Ariz. Rev. Stat. Ann. § 33-1319)

1. DOCUMENT HEADER

This Residential Lease Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• Landlord: [LANDLORD LEGAL NAME], [entity type/individual], with mailing address at [LANDLORD ADDRESS] (“Landlord”); and
• Tenant(s): [TENANT NAME(S)], each an individual and, collectively, “Tenant.”

Landlord and Tenant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

Recitals
A. Landlord is the lawful owner of that certain residential real property commonly known as [STREET ADDRESS, UNIT, CITY, COUNTY, AZ ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord desires to lease the Premises to Tenant, on the terms and conditions set forth herein and in compliance with the Arizona Residential Landlord and Tenant Act (“ARLTA”), Ariz. Rev. Stat. Ann. §§ 33-1301 et seq.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. Defined terms include singular and plural forms and, where the context permits, any gender.

“Additional Charges” – any amounts other than Base Rent payable by Tenant under this Agreement, including but not limited to utilities, late fees, returned-payment fees, and costs of repair for Tenant damage.

“Base Rent” – the monthly rent amount specified in Section 3.3(a).

“Business Day” – any day other than Saturday, Sunday, or an Arizona legal holiday.

“Lease Term” – the period beginning on the Commencement Date and ending on the Expiration Date, as each is defined in Section 3.2(a).

“Security Deposit” – the amount described in Section 3.4, held by Landlord to secure Tenant’s obligations, subject to Ariz. Rev. Stat. Ann. § 33-1321.

“Premises” – the dwelling unit and appurtenant areas described in the Document Header.

[Add additional defined terms as warranted by deal specifics.]

3. OPERATIVE PROVISIONS

3.1 Lease Grant

Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, upon the terms, covenants, and conditions herein stated.

3.2 Lease Term

a. Commencement and Expiration. The lease shall commence on [COMMENCEMENT DATE] (“Commencement Date”) and shall terminate at 11:59 p.m. on [EXPIRATION DATE] (“Expiration Date”), unless sooner terminated in accordance with this Agreement or ARLTA.

b. Holdover. Any holdover tenancy shall convert to a month-to-month tenancy subject to all terms herein except that Base Rent shall automatically increase to [HOLDOVER RENT %]% of the Base Rent then in effect. Either Party may terminate a month-to-month tenancy by delivering a written 30-day notice in accordance with ARLTA § 33-1375(B).

3.3 Rent; Additional Charges; Payment Mechanics

a. Base Rent. Tenant shall pay to Landlord, without demand or offset, Base Rent in the amount of $[MONTHLY RENT] per calendar month, due in advance on or before the [DUE DATE] day of each month.

b. Method of Payment. Payments shall be made by [acceptable forms: e.g., personal check, ACH, online portal] to [PAYEE NAME / ACCOUNT], or as otherwise directed in writing by Landlord.

c. Late Fee. If any Base Rent is not received by [GRACE PERIOD] days after the due date, Tenant shall owe a late fee of $[LATE FEE] as Additional Charges. Late fees shall not exceed an amount deemed reasonable under Arizona law.

d. Returned Payment Fee. A charge of $[NSF FEE] shall apply for each payment returned or dishonored.

e. Application of Payments. Payments shall be applied first to outstanding fees, then to past-due Base Rent, and lastly to current Base Rent, unless otherwise required by ARLTA.

[// GUIDANCE: Late fee reasonableness varies – avoid excessive amounts to mitigate unconscionability challenges.]

3.4 Security Deposit

a. Amount; Receipt. Concurrently with execution of this Agreement, Tenant shall pay Landlord a Security Deposit in the amount of $[SECURITY DEPOSIT] (not to exceed one and one-half months’ rent, per Ariz. Rev. Stat. Ann. § 33-1321(A)). Landlord acknowledges receipt of such sum.

b. Holding; Non-Commingling. Security Deposit shall be held in compliance with ARLTA and shall not be commingled with rent or other funds.

c. Return; Itemization. Within 14 Business Days after termination of occupancy and delivery of possession, Landlord shall return to Tenant the balance of the Security Deposit together with a written statement itemizing any lawful deductions (Ariz. Rev. Stat. Ann. § 33-1321(D)). Tenant’s failure to provide a forwarding address does not relieve Landlord of this obligation.

d. Interest. Arizona law does not presently require interest on residential security deposits; none shall accrue unless mandated by future law.

e. Cap on Liability. Except for Landlord’s gross negligence or willful misconduct, Tenant agrees that Landlord’s aggregate liability for claims arising under this Agreement shall not exceed the Security Deposit amount actually held by Landlord at the time of the claim.

3.5 Use of Premises; Occupancy Limits

a. Permitted Use. Premises shall be used solely as a private residence for no more than [MAX OCCUPANTS] lawful occupants and [MAX PETS] approved pet(s) (if any) listed in Attachment D.

b. Prohibited Activities. Tenant shall not engage in any unlawful or nuisance activities, including but not limited to the manufacture, sale, or distribution of controlled substances (see ARLTA § 33-1368(A)(2)).

c. Guests. Guests staying longer than [GUEST DAYS] consecutive days, or [GUEST DAYS TOTAL] days in any calendar month, require Landlord’s prior written consent.

3.6 Utilities & Services

Tenant shall procure and maintain, in Tenant’s name, and pay when due, all utility services for the Premises except the following, which shall be furnished by Landlord: [LANDLORD-PAID UTILITIES]. Tenant’s failure to maintain utilities constitutes a material non-compliance under ARLTA § 33-1368(A).

3.7 Condition of Premises; Habitability; Maintenance

a. Fit and Habitable Condition. Landlord shall comply with ARLTA § 33-1324, including maintaining all essential services (e.g., plumbing, heating, cooling, hot water, electrical, and reasonable pest control).

b. Tenant Maintenance. Tenant shall keep the Premises clean and safe, dispose of all waste properly, and promptly notify Landlord of any condition that materially affects health and safety.

c. Failure of Essential Services. If Landlord fails to supply an essential service, Tenant’s rights are governed by ARLTA § 33-1364.

d. Alterations. Tenant may not make alterations, improvements, or repairs without prior written consent of Landlord. All approved alterations shall become Landlord’s property upon installation, absent written agreement otherwise.

3.8 Landlord Access

Landlord may enter the Premises upon at least two (2) days’ advance notice for inspections, repairs, or to show the Premises, and at reasonable times. No notice is required for emergencies (ARLTA § 33-1343).

3.9 Rules & Regulations

Tenant shall comply with any reasonable rules and regulations promulgated by Landlord, provided such rules are delivered to Tenant in writing and are applied uniformly.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
a. Landlord has full right and authority to enter into this Agreement;
b. The Premises are, as of the Commencement Date, fit and habitable as required by ARLTA; and
c. Landlord is not aware of any hazardous conditions materially affecting the Premises that have not been disclosed to Tenant.

4.2 Tenant represents and warrants that:
a. Tenant has the legal capacity to enter this Agreement;
b. All information provided in Tenant’s rental application remains materially true and accurate; and
c. Tenant’s intended use of the Premises complies with all applicable laws and this Agreement.

All representations and warranties shall survive the delivery of possession for twelve (12) months.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
a. Timely payment of Base Rent and Additional Charges;
b. Maintenance of the Premises in compliance with Section 3.7;
c. Procurement of renter’s insurance with minimum liability limits of $[INSURANCE LIMIT] per occurrence, naming Landlord as additional insured.

5.2 Negative Covenants of Tenant
a. No assignment or subletting without Landlord’s prior written consent;
b. No alterations without consent;
c. No activity that increases Landlord’s insurance premiums.

5.3 Landlord Covenants
Landlord shall honor Tenant’s right to quiet enjoyment, comply with all building codes materially affecting health and safety, and observe all applicable laws and ordinances.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to pay Base Rent within five (5) days after written notice (ARLTA § 33-1368(B));
b. Material non-compliance with this Agreement or ARLTA, uncured within ten (10) days after notice (ARLTA § 33-1368(A));
c. Material and irreparable breach (e.g., criminal activity) per ARLTA § 33-1368(A)(2);
d. Abandonment of Premises (ARLTA § 33-1370).

6.2 Remedies
Upon any uncured Event of Default, Landlord may, subject to ARLTA:
i. Terminate this Agreement and recover possession via a special detainer action;
ii. Accelerate and recover all rent due through the Expiration Date;
iii. Recover actual damages, court costs, and reasonable attorneys’ fees; and/or
iv. Pursue any other remedy available at law or in equity.

6.3 Mitigation
Landlord shall take reasonable efforts to mitigate damages as required by ARLTA § 33-1305(A).

7. RISK ALLOCATION

7.1 Indemnification by Tenant
Tenant shall defend, indemnify, and hold harmless Landlord and its agents from any claim, damage, or liability arising from (i) Tenant’s use or occupancy of the Premises, (ii) the acts or omissions of Tenant, Tenant’s occupants, guests, or invitees, or (iii) breach of this Agreement, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability
Except for gross negligence or willful misconduct, Landlord’s total liability under this Agreement shall not exceed the amount of the Security Deposit then held.

7.3 Insurance
Tenant shall maintain renter’s insurance as described in Section 5.1(c). Landlord shall maintain property insurance on the structure; Tenant acknowledges that such insurance does not cover Tenant’s personal property.

7.4 Force Majeure
Neither Party shall be liable for failure to perform obligations (other than Tenant’s payment obligations) when performance is prevented by events beyond such Party’s reasonable control (“Force Majeure”), provided prompt notice is given and reasonable efforts are made to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, including but not limited to ARLTA.

8.2 Forum Selection
Any action arising out of or relating to this Agreement shall be filed exclusively in the court having subject-matter jurisdiction over housing matters in the county where the Premises are located. The Parties consent to such courts’ personal jurisdiction.

8.3 Arbitration
The Parties expressly agree that no arbitration requirement applies.

8.4 Jury Trial
Nothing herein shall be construed as a waiver of the constitutional right to a jury trial where applicable.

8.5 Injunctive Relief
Nothing in this Section 8 shall limit Landlord’s right to seek immediate injunctive or equitable relief, including but not limited to eviction or writs of restitution.

9. GENERAL PROVISIONS

9.1 No Waiver of Tenant Rights
Pursuant to ARLTA § 33-1315, any term that purports to waive or limit Tenant’s substantive rights or remedies under ARLTA is unenforceable. The Parties intend all provisions to be interpreted to comply with ARLTA.

9.2 Amendments & Waivers
No amendment or waiver shall be effective unless in writing and signed by both Parties. A waiver on one occasion shall not be deemed a waiver of the same or any other provision on another occasion.

9.3 Assignment
Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion except as prohibited by law.

9.4 Notices
All notices shall be in writing and delivered (i) personally, (ii) by certified U.S. mail, return receipt requested, or (iii) by a nationally-recognized overnight courier, to the addresses listed in the Document Header or such other address as a Party designates in writing. Electronic mail alone shall not constitute notice unless expressly agreed.

9.5 Severability
If any provision of this Agreement is determined invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed to best effectuate the Parties’ intent within legal limits.

9.6 Entire Agreement
This document, including all attachments, constitutes the entire agreement between the Parties with respect to the Premises and supersedes all prior agreements, representations, and understandings.

9.7 Successors & Assigns
Subject to the restrictions herein, this Agreement shall bind and benefit the Parties and their respective heirs, successors, legal representatives, and permitted assigns.

9.8 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each deemed an original, together constituting one instrument. Signatures delivered via facsimile, PDF, or electronic signature platform shall be deemed original and binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date set forth above.

LANDLORD:

[LANDLORD NAME]
[Title, if applicable]

Date: _________

TENANT:

[TENANT NAME]

Date: _________

[TENANT NAME 2 (if applicable)]

Date: _________

[ADD ADDITIONAL SIGNATURE LINES AS NEEDED]

(Notarization is not required for enforceability of residential leases in Arizona; notarize only if lender or recording requirements dictate.)

[// GUIDANCE: Ensure the Security Deposit entered at Section 3.4 does not exceed 1.5× Monthly Rent to comply with A.R.S. § 33-1321(A).]

[// GUIDANCE: Attach the Move-In / Move-Out Condition Checklist at possession. Without a completed checklist, recovery against the Security Deposit may be impaired.]

[// GUIDANCE: Provide Bedbug educational materials per A.R.S. § 33-1319; failure to do so may limit eviction remedies for bedbug-related issues.]

[// GUIDANCE: If Premises were built prior to 1978, attach the federal Lead-Based Paint disclosure form and EPA pamphlet to avoid statutory penalties.]