Arizona Residential Landlord and Tenant Act An Arizona Department of Housing Publication
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1. Number of occupants in the dwelling unit, pets, income of the prospective tenant, social
security number and current employment listed on the application or lease agreement.
2. Tenant's criminal records, prior eviction record and current criminal activity. Material
falsification of information in this paragraph is not curable under this section.
If there is a noncompliance by the tenant with section 33-1341 materially affecting health
and safety, the landlord may deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate on a date not
less than five days after receipt of the notice if the breach is not remedied in five days.
However, if the breach is remediable by repair or the payment of damages or otherwise,
and the tenant adequately remedies the breach before the date specified in the notice, the
rental agreement will not terminate. If there is an additional act of these types of
noncompliance of the same or a similar nature during the term of the lease after the
previous remedy of noncompliance, the landlord may institute a special detainer action
pursuant to section 33-1377 ten days after delivery of a written notice advising the tenant
that a second noncompliance of the same or a similar nature has occurred. If there is a
breach that is both material and irreparable and that occurs on the premises, which may
include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 13-
1103, 13-1104 and 13-1105, prostitution as defined in section 13-3211, criminal street gang
activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the
unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled
substance as defined in section 13-3451, threatening or intimidating as prohibited in section
13-1202, assault as prohibited in section 13-1203, acts that have been found to constitute a
nuisance pursuant to section 12-991 or a breach of the lease agreement that otherwise
jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another
tenant or involving imminent or actual serious property damage, the landlord may deliver a
written notice for immediate termination of the rental agreement and shall proceed under
section 33-1377. The foregoing list of actions which may constitute a material and
irreparable breach of a tenant's lease is not exhaustive.
B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is
unpaid when due and the tenant fails to pay rent within five days after written notice by the
landlord of nonpayment and the landlord's intention to terminate the rental agreement if the
rent is not paid within that period of time, the landlord may terminate the rental agreement
by filing a special detainer action pursuant to section 33-1377. Before the filing of a special
detainer action the rental agreement shall be reinstated if the tenant tenders all past due
and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.
After a special detainer action is filed the rental agreement is reinstated only if the tenant
pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney
fees and court costs. After a judgment has been entered in a special detainer action in favor
of the landlord, any reinstatement of the rental agreement is solely in the discretion of the
landlord.
C. The landlord may recover all reasonable damages resulting from noncompliance by the
tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court
costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the
premises.
D. The landlord may discontinue utility services provided by the landlord on the day
following the day that a writ of restitution or execution is executed pursuant to section 12-
1181. Disconnections shall be performed only by a person authorized by the utility whose
service is being discontinued. This section does not supersede standard tariff and