Arizona Residential Lease Agreement

Arizona Residential Lease Agreement

(Fixed-Term or Month-to-Month Rental Agreement)

Terms and Conditions

THIS LEASE AGREEMENT (the “Agreement”) made and entered into this _____ day of _____, 20_____, by and between the person or entity named as Landlord in the Data Schedule below (“Landlord”), whose address is stated there, and the person(s) named as Tenant(s) in the Data Schedule below (individually and collectively, “Tenant”).

Landlord is the owner of, or is otherwise entitled to lease, certain real property being, lying and situated in the Arizona county stated in the Data Schedule below, such real property having the street address stated in the Data Schedule below (the “Premises”).

For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows:

1. TERM. This Agreement shall commence on _____ (“Commencement Date”).

CHECK EXACTLY ONE — A OR B:

☐ A. Fixed-Term Lease: This Agreement shall continue as a lease for a fixed term. The termination date shall be on _____ (date) at 11:59 PM. Upon the termination date, Tenant shall vacate the Premises unless Landlord and Tenant have extended this Agreement in a writing signed by both parties, or Landlord has consented in writing to Tenant’s continued occupancy. If Landlord consents in writing to continued occupancy without a new fixed term, a month-to-month tenancy is created (A.R.S. §§ 33-1375(C) and 33-1314(D)) and either party may terminate it as provided in Subsection B of this TERM clause. Rent shall then be due and owing at the amount stated in the TENANT’S HOLD OVER clause (or, if no amount is stated there, at the Monthly Rent stated in the Data Schedule), unless Landlord’s writing consenting to continued occupancy states a different amount, in which case that amount controls. All other terms and conditions of this Agreement shall remain in full force and effect.

☐ B. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate at least thirty (30) days prior to the periodic rental date on which the tenancy is to terminate, as specified in the notice. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant written notice of intention to terminate at least thirty (30) days prior to the periodic rental date on which the tenancy is to terminate, as specified in the notice. Termination shall take effect on the periodic rental date specified in the notice. During any month-to-month tenancy, Landlord may terminate the tenancy by written notice given at least thirty (30) days prior to the periodic rental date (A.R.S. § 33-1375(B)) and offer Tenant continued occupancy at the new rent or other terms stated in that notice; if Tenant remains in possession after the date specified in the notice, the stated new rent and terms apply.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord the Monthly Rent stated in the Data Schedule 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. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. 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. Payments received from Tenant shall be applied to Tenant’s oldest outstanding balance first.

Acceptable forms of payment of Rent shall be [check all that apply]: ☐ personal check, ☐ money order, ☐ cashier’s check, or

☐ other: _____.

Payment shall be made to Landlord under the name and address stated in the Data Schedule.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier’s check. Tenant shall pay the dishonored-check service fee permitted by A.R.S. § 44-6852. In the event of a payment made by check or draft that is dishonored, Landlord reserves the remedies provided by A.R.S. § 12-671. Amounts paid or recovered on an item shall be credited against any further recovery on that same item.

3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the Security Deposit stated in the Data Schedule. Landlord shall not demand or receive security, however denominated, including prepaid rent, in an amount or value of more than one and one-half (1.5) times the Monthly Rent (A.R.S. § 33-1321(A)). The security deposit shall not be construed as payment of the last month’s rent by Tenant. On termination of the tenancy, money held by Landlord as prepaid rent and security may be applied to the payment of all rent and, subject to Landlord’s duty to mitigate, all charges specified in this Agreement or provided in the Arizona Residential Landlord and Tenant Act, including unpaid Rent, late charges, utility and administrative charges, the cost of repairing damage beyond reasonable wear and tear, the cost of cleaning the Premises beyond reasonable wear and tear, the cost of removing or storing property left in the Premises, unreturned-key and lock-replacement costs, and damages suffered by Landlord by reason of Tenant’s noncompliance with A.R.S. § 33-1341 (A.R.S. § 33-1321(D)). Within fourteen (14) days, excluding Saturdays, Sundays, or other legal holidays, after termination of the tenancy and delivery of possession and demand by Tenant, Landlord shall provide Tenant an itemized list of all deductions together with the amount due and payable to Tenant, if any. Unless other arrangements are made in writing by Tenant, Landlord shall mail the itemized list and any amount due, by first class mail, to Tenant’s last known place of residence (A.R.S. § 33-1321(D)). If Tenant does not dispute the deductions or the amount due and payable to Tenant within sixty (60) days after the itemized list and amount due are mailed as prescribed above, the amount due to Tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of Tenant are waived (A.R.S. § 33-1321(D)).

4. USE OF PREMISES. The Premises shall be used and occupied 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 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.

5. USE AND CONDUCT. Tenant shall comply with the following covenants, each of which is reasonably related to the Premises and shall be fairly applied: (a) no smoking inside the Premises; (b) Tenant shall keep in service, and pay for, the utilities and services assigned to Tenant under this Agreement; this covenant does not transfer to Tenant any service or maintenance duty imposed on Landlord by law; (c) no waterbeds, trampolines or similar items on the Premises without Landlord’s prior written consent, except where law requires a reasonable accommodation; (d) only currently registered and operable vehicles of Tenant and Tenant’s guests, parked only in assigned or designated parking areas, and no inoperative or commercial vehicles and no vehicle maintenance or repair on the Premises or any common area without Landlord’s prior written consent; (e) on surrender or abandonment of the Premises, Tenant shall return to Landlord all keys and access devices issued for the Premises; if Tenant does not, Tenant shall pay Landlord’s actual and reasonable cost of rekeying or replacing the affected locks or devices, to the extent not otherwise recovered under this Agreement; and (f) on or before move-out, Tenant shall provide Landlord with a forwarding address; providing or failing to provide a forwarding address does not condition or postpone Landlord’s duties under A.R.S. § 33-1321(D). A breach of this clause is a noncompliance with this Agreement enforceable as provided in the DEFAULT clause and A.R.S. § 33-1368 and does not effect an automatic forfeiture of this Agreement.

☐ EARLY TERMINATION CHARGE (if checked). If this box is checked and Tenant terminates or abandons this tenancy before the end of the Term, other than as provided by law, Tenant shall pay $ _____. The charge shall be credited dollar for dollar against Landlord’s legally recoverable damages after mitigation; it is not an additional charge or minimum recovery, and any excess shall be refunded to Tenant. The charge does not accelerate future rent and does not excuse Landlord’s duty to mitigate damages. It does not apply to any termination protected from such charges by state or federal law, including A.R.S. §§ 33-1318 and 33-1318.01 and 50 U.S.C. § 3955. The charge shall not be collected at or before the inception of the tenancy and is not part of the security deposit.

6. CONDITION OF PREMISES. Existing damage to the Premises shall be noted on the move-in form furnished under A.R.S. § 33-1321(C). Except as noted on that form, Tenant acknowledges that Tenant has examined the Premises.

7. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this 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 constitute a material noncompliance with this Agreement entitling Landlord to terminate this Agreement and recover possession as provided in the DEFAULT clause.

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 Agreement.

9. NON-DELIVERY OF POSSESSION. If Landlord fails to deliver physical possession of the Premises to Tenant at the commencement of the term as provided in A.R.S. § 33-1323, Rent shall abate until possession is delivered. If Landlord tenders possession after the Commencement Date and Tenant accepts possession, Tenant agrees to accept the demised Premises and pay the rental herein provided from the date possession is tendered. If physical possession is not delivered, Tenant may terminate this Agreement upon at least five (5) days’ written notice to Landlord, and upon termination Landlord shall return all prepaid Rent and security; in the alternative, Tenant may demand performance of this Agreement by Landlord and maintain an action for possession against Landlord or any person wrongfully in possession and recover the damages sustained by Tenant (A.R.S. § 33-1362(A)). If Landlord fails to deliver constructive possession of the Premises because of noncompliance with A.R.S. § 33-1324, Rent shall not abate and Tenant’s remedies are those provided in A.R.S. § 33-1361 (A.R.S. § 33-1362(B)).

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.

CHECK EXACTLY ONE — A, B, OR C:

☐ A. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

☐ B. Landlord shall provide the following utility services, which are sub-metered: _____, and shall bill Tenant to recover the actual costs associated with such services in addition to an administrative fee of $ _____ per month, which shall be for Landlord’s actual administrative costs only; Landlord shall not impose any additional charges. Such costs and fee shall be collected with each month’s Rent. Tenant shall be responsible for arranging for and paying for all utility services not provided by Landlord.

☐ C. Landlord shall provide the following utility services: _____, and shall bill Tenant to recover the costs associated with such services based upon the following Ratio Utility Billing System allocation method: _____, in addition to an administrative fee of $ _____ per month, which shall be for Landlord’s actual administrative costs only; Landlord shall not impose any additional charges. Such costs and fee shall be collected with each month’s Rent. Tenant shall be responsible for arranging for and paying for all utility services not provided by Landlord.

Regardless of the election made above, and as provided in A.R.S. § 33-1314.01, Landlord may impose a submetering system or ratio utility billing system during the term of this Agreement on at least ninety (90) days’ written notice to Tenant, recovering only the charges imposed on Landlord by the utility provider plus an administrative fee for Landlord’s actual administrative costs, with no additional charges (A.R.S. § 33-1314.01(B), (C) and (G)).

12. MAINTENANCE AND REPAIR; RULES. Tenant will keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Nothing in this clause transfers to Tenant any obligation of Landlord under A.R.S. § 33-1324, except as agreed in accordance with A.R.S. § 33-1324(C) or (D), and any provision of this Agreement purporting to waive Landlord’s obligations under A.R.S. § 33-1324 is unenforceable under A.R.S. § 33-1315(A). Without limiting the generality of the foregoing, Tenant shall:

(a) Promptly notify Landlord in writing of any situation or occurrence that requires Landlord to provide maintenance or make repairs or otherwise requires Landlord to take action as prescribed in A.R.S. § 33-1324 (A.R.S. § 33-1341(8));

(b) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(c) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(d) Not obstruct or cover the windows or doors;

(e) Not leave windows or doors in an open position during any inclement weather;

(f) 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;

(g) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(h) Keep all air conditioning filters clean and free from dirt;

(i) 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;

(j) And 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;

(k) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

(l) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor 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;

(m) Not erect or maintain placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises;

13. RULES AND REGULATIONS. Tenant and Tenant’s family, guests and invitees shall comply with all rules and regulations of Landlord concerning the use and occupancy of the Premises and any common areas, whether attached to this Agreement or hereafter adopted by Landlord in accordance with A.R.S. § 33-1342, and with any and all rules and regulations of any Condominium or Homeowners’ Association having control over them. A violation of such rules or regulations is a noncompliance with this Agreement.

14. TENANT’S FAILURE TO MAINTAIN. If there is noncompliance by Tenant with A.R.S. § 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and Tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after Landlord’s written notice specifying the breach and requesting that Tenant remedy it within that period of time, Landlord may enter the Premises and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due or, if this Agreement has terminated, for immediate payment (A.R.S. § 33-1369).

☐ SINGLE-FAMILY DUTY DELEGATION (single family residence only). If this box is checked and the Premises is a single family residence, then, in consideration of the rents reserved under this Agreement, Landlord and Tenant agree in good faith, and not for the purpose of evading Landlord’s obligations, that Tenant shall perform Landlord’s duties under A.R.S. § 33-1324(A)(5) and (6) to the extent of the following specified tasks, together with the following specified repairs, maintenance tasks, alterations or remodeling: _____ (A.R.S. § 33-1324(C)). This election does not apply to work necessary to cure noncompliance with A.R.S. § 33-1324(A)(1) or (2), which remains Landlord’s responsibility.

15. SMOKE DETECTORS. Tenant shall maintain and keep operable any smoke detector serving the Premises that Tenant is required to maintain under A.R.S. § 36-1637, unless Tenant gives Landlord written notification of a malfunction of the detector, in which case Landlord shall be responsible for its repair. This clause constitutes Landlord’s written notification of those responsibilities (A.R.S. § 36-1637(C)). Tenant shall not disable, remove or tamper with any smoke detector serving the Premises.

16. INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

☐ RENTER’S INSURANCE REQUIRED (if checked). If this box is checked, Tenant shall, at Tenant’s expense, maintain throughout the Term a renter’s insurance policy with a liability limit of not less than $ _____ per occurrence and shall provide proof of coverage to Landlord on request. Failure to maintain required coverage or to provide proof is a noncompliance with this Agreement enforceable as provided in the DEFAULT clause. This requirement does not release or limit either party’s liability imposed by law.

17. DAMAGE TO PREMISES. If the Premises are damaged or destroyed by fire, storm, earthquake, or other casualty to an extent that enjoyment of the Premises is substantially impaired, Tenant may elect one of the following: (a) immediately vacate the Premises and notify Landlord in writing within fourteen (14) days thereafter of Tenant’s intention to terminate this Agreement, in which case this Agreement terminates as of the date of vacating, Rent shall be accounted for between Landlord and Tenant as of the date of vacating (Tenant paying Rent up to such date and Landlord refunding Rent collected beyond such date), and Landlord shall return all security recoverable under A.R.S. § 33-1321; or (b) if continued occupancy is lawful, vacate any part of the Premises rendered unusable by the casualty, in which case Tenant’s liability for Rent shall be reduced in proportion to the diminution in the fair rental value of the Premises. Tenant’s elections under this clause do not relieve Tenant of liability for damage caused by the negligent or willful act or omission of Tenant or Tenant’s family, guests or invitees. If the casualty renders continued occupancy of the Premises unlawful and Landlord determines, reasonably and in good faith, that repair or restoration is not feasible, Landlord may terminate this Agreement by written notice to Tenant, effective as of the date stated in the notice. Landlord’s option under this paragraph shall not be exercised to defeat Tenant’s lawful continued-occupancy election under A.R.S. § 33-1366(A)(2), to displace an earlier effective termination elected by Tenant under A.R.S. § 33-1366(A)(1), to alter statutory rent accounting or security-deposit rights, or to release Landlord from liability arising under law.

18. INSPECTION OF PREMISES. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises in order to inspect the Premises, to make necessary or agreed repairs, decorations, alterations or improvements, to supply necessary or agreed services, and to exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors (A.R.S. § 33-1343(A)). Tenant shall not unreasonably withhold consent to such entry. Except in case of emergency or if it is impracticable to do so, Landlord shall give Tenant at least two (2) days’ notice of Landlord’s intent to enter and shall enter only at reasonable times; in case of emergency, Landlord may enter the Premises without consent of Tenant. If Tenant notifies Landlord of a service request or a request for maintenance as prescribed in A.R.S. § 33-1341(8), that notice constitutes permission from Tenant for Landlord to enter the Premises for the sole purpose of acting on the service or maintenance request, and no separate or additional access notice is required for that entry (A.R.S. § 33-1343(B)). Landlord shall not abuse the right of access or use it to harass Tenant (A.R.S. § 33-1343(D)). Landlord and its agents shall further have the right to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time during the term of this Agreement.

19. SUBORDINATION OF LEASE. This 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.

20. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Agreement without Landlord’s written consent, no new tenancy is created; Landlord may bring an action for possession and may recover rent or the fair rental value of the Premises for the holdover period and, if the holdover is willful and not in good faith, may recover in addition an amount equal to not more than two (2) months’ periodic rent or twice the actual damages sustained by Landlord, whichever is greater (A.R.S. § 33-1375(C)). If Landlord consents in writing to Tenant’s continued occupancy, a month-to-month tenancy is created, subject to all of the terms and conditions of this Agreement except that rent shall then be due and owing at $ _____ per month (or, if this line is left blank, at the Monthly Rent stated in the Data Schedule), unless Landlord’s writing consenting to continued occupancy states a different amount, in which case that amount controls, and either party may terminate that tenancy by written notice given at least thirty (30) days prior to the periodic rental date specified in the notice (A.R.S. § 33-1375(B)).

21. 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 Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

22. ANIMALS. Tenant shall be entitled to keep no more than _____ domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord: (i) the refundable pet deposit stated in the Data Schedule, which shall constitute part of the security deposit held under this Agreement and which, together with all other security, however denominated, shall not exceed one and one-half (1.5) times the Monthly Rent; and (ii) the non-refundable pet fee stated in the Data Schedule, the purpose of which is to clean the carpets of the Premises upon the termination or expiration of this Agreement, and which is not part of the security deposit. Any fee or deposit not designated in this Agreement as non-refundable is refundable. This clause does not apply to an assistance animal that Tenant is entitled to keep as a reasonable accommodation under the federal Fair Housing Act or the Arizona Civil Rights Act; no pet deposit or pet fee is due for such an animal, and Tenant remains liable for any damage caused by the animal beyond reasonable wear and tear.

23. EDUCATIONAL INFORMATION (BEDBUGS). Tenant shall not knowingly move into the Premises any materials infested with bedbugs, and Tenant shall provide Landlord written or electronic notification of any known presence of bedbugs in the Premises. Unless the Premises is a single family residence (as to which A.R.S. § 33-1319 does not apply — A.R.S. § 33-1319(D)), Tenant acknowledges receipt from Landlord of bedbug educational materials as provided in A.R.S. § 33-1319(A), and the duties stated in this clause are given as the duties prescribed by A.R.S. § 33-1319(B).

Tenants: _____, _____, _____, _____

24. AVAILABILITY OF LANDLORD AND TENANT ACT. The Residential Landlord and Tenant Act is available on the Arizona Department of Housing’s website.

25. MOVE-IN CHECKLIST. Tenant acknowledges receipt from Landlord of a move-in form for specifying any existing damages to the Premises, as required by A.R.S. § 33-1321(C). Landlord hereby notifies Tenant in writing that Tenant may be present at the move-out inspection. On request by Tenant, Landlord shall notify Tenant when Landlord’s move-out inspection will occur.

Tenants: _____, _____, _____, _____

26. OWNER/AGENT IDENTITY. The following people are authorized to manage the Premises:

NAME:

_____

ADDRESS:

_____

NAME:

_____

ADDRESS:

_____

The owner of the Premises, or a person 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 (A.R.S. § 33-1322(A)(2)):

NAME:

_____

ADDRESS:

_____

27. AUTHORIZED PERSON (OPTIONAL). Tenant may provide, and may routinely update, the name and contact information of a person authorized by Tenant to enter the Premises to retrieve and store Tenant’s property, including Tenant’s animal, if Tenant dies or is otherwise incapacitated (A.R.S. § 33-1314(E)). This authorization applies to Tenant’s personal property only if periodic rent is unpaid and outstanding for at least five (5) days, and to Tenant’s animal only if Tenant is deceased or is otherwise incapacitated (A.R.S. § 33-1314(G)). If Landlord is unable to contact the authorized person, or the authorized person fails to respond to Landlord’s request within one (1) calendar day as to the animal or ten (10) days as to all other property after Landlord’s initial written contact, Landlord may proceed as provided by A.R.S. §§ 33-1314(E) and 33-1370, including release of the animal to a shelter or boarding facility.

Name: _____ Phone: _____

28. 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.

29. INDEMNIFICATION. Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, demand, action, damage, loss, liability, cost or expense asserted by any third party, to the extent caused by the negligent or willful act or omission of Tenant or of Tenant’s family, guests, invitees, agents or employees. This clause does not exculpate Landlord from, or limit, any liability of Landlord arising under law, including liability for Landlord’s own negligence or willful misconduct, and does not require Tenant to indemnify Landlord for any such liability or for the costs connected therewith (A.R.S. § 33-1315(A)(3)).

30. DEFAULT. As authorized under A.R.S. § 33-1368 of the Arizona Residential Landlord and Tenant Act, if Landlord determines that Tenant is in default of this Agreement, Landlord shall provide Tenant with the applicable written notice specified below. For purposes of this clause, “days” means calendar days (A.R.S. § 33-1368(G)). Tenant may not withhold rent for any reason not authorized by the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1368(B)). (a) For the failure to pay rent when due, Landlord shall provide Tenant with written notice of nonpayment and of Landlord’s intention to terminate this Agreement if the rent is not paid within that period of time, and Tenant shall have five (5) days after that written notice to pay all past-due and unpaid periodic rent; if Tenant fails to do so, Landlord may terminate this Agreement by filing a special detainer action pursuant to A.R.S. § 33-1377. Before a special detainer action is filed, this Agreement shall be reinstated if Tenant tenders all past-due and unpaid periodic rent and the late charge set forth in this Agreement. After a special detainer action is filed, this Agreement shall be reinstated only if Tenant pays all past-due rent, the late charges set forth in this Agreement, attorney fees and court costs. After a judgment has been entered in Landlord’s favor in a special detainer action, any reinstatement of this Agreement is solely in Landlord’s discretion (A.R.S. § 33-1368(B)). (b) For any material noncompliance by Tenant with this Agreement, including material falsification of the information provided on the rental application or this Agreement concerning the number of occupants in the Premises, pets, income, social security number, or current employment, Landlord may deliver written notice specifying the acts and omissions constituting the breach and that this Agreement will terminate on a date not less than ten (10) days after Tenant’s receipt of the notice if the breach is not remedied in ten (10) days. (c) Material falsification of information concerning Tenant’s criminal records, prior eviction record, or current criminal activity is not curable, and Landlord may deliver written notice specifying the falsification and that this Agreement will terminate on a date not less than ten (10) days after Tenant’s receipt of the notice, without opportunity to cure (A.R.S. § 33-1368(A)(2)). (d) For any noncompliance by Tenant with A.R.S. § 33-1341 materially affecting health and safety, Landlord may deliver written notice specifying the acts and omissions constituting the breach and that this Agreement will terminate on a date not less than five (5) days after Tenant’s receipt of the notice if the breach is not remedied in five (5) days; if the breach is remediable by repair or the payment of damages or otherwise and Tenant adequately remedies it before the date specified, this Agreement will not terminate. (e) If, after a previous remedy of a noncompliance described in (b) or (d), Tenant commits an additional act of noncompliance of the same or a similar nature during the term, Landlord may institute a special detainer action pursuant to A.R.S. § 33-1377 ten (10) days after delivery of a written notice advising Tenant that a second noncompliance of the same or a similar nature has occurred. (f) For any breach that is both material and irreparable and that occurs on the Premises — including, without limitation, an illegal discharge of a weapon; homicide as prescribed in A.R.S. §§ 13-1102 through 13-1105; prostitution as defined in A.R.S. § 13-3211; criminal street gang activity as prescribed in A.R.S. § 13-105; activity prohibited by A.R.S. § 13-2308; the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in A.R.S. § 13-3451; threatening or intimidating as prohibited in A.R.S. § 13-1202; assault as prohibited in A.R.S. § 13-1203; acts found to constitute a nuisance pursuant to A.R.S. § 12-991; or any other breach of this Agreement that otherwise jeopardizes the health, safety and welfare of Landlord, Landlord’s agent or another tenant, or that involves imminent or actual serious property damage (a list that is not exhaustive) — Landlord may deliver a written notice of immediate termination of this Agreement and proceed under A.R.S. § 33-1377, without opportunity to cure. Tenant is responsible for the actions of Tenant’s guests that violate this Agreement or Landlord’s rules or regulations if Tenant could reasonably be expected to be aware that such actions might occur and did not attempt to prevent them to the best of Tenant’s ability (A.R.S. § 33-1368(F)). On the day following the day that a writ of restitution or execution is executed against Tenant, Tenant’s personal property remaining in the Premises shall be handled as provided by A.R.S. § 33-1370, subsections D through I (A.R.S. § 33-1368(E)). If this Agreement is terminated pursuant to this clause, Tenant shall remain liable for all Rent for the balance of the term as it comes due, less the net rent, if any, realized by Landlord on reletting the Premises after reasonable efforts to mitigate (A.R.S. § 33-1305(A)), and Landlord may recover all reasonable damages resulting from Tenant’s noncompliance with this Agreement or A.R.S. § 33-1341 or Tenant’s occupancy of the Premises, court costs, reasonable attorney fees and all quantifiable damage caused by Tenant to the Premises, as provided by A.R.S. § 33-1368(C).

31. LATE CHARGE. If any payment required to be paid by Tenant hereunder is not made when due, Tenant shall owe to Landlord, in addition to such payment and other charges due hereunder, the single late charge stated in the Data Schedule for that delinquent payment. The late charge does not recur on the same delinquent payment and shall not be charged on unpaid late charges. The late charge stated in the Schedule is a reasonable estimate of Landlord’s costs of a late payment (A.R.S. § 33-1368(B)) and shall be completed before this Agreement is signed.

32. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises (as defined by A.R.S. § 33-1370), Landlord may obtain possession of the Premises in the manner provided by law. Landlord shall make reasonable efforts to rent the Premises at a fair rental (A.R.S. § 33-1370(C)); if Landlord rents the Premises for a term beginning before the expiration of this Agreement, this Agreement is deemed terminated as of the date the new tenancy begins, and, subject to Landlord’s duty to mitigate damages, Tenant shall remain liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and the net rent realized by Landlord by means of such reletting. Money held by Landlord as a security deposit after Landlord retakes the Premises shall be applied as provided by A.R.S. §§ 33-1370(B) and 33-1321. Personal property belonging to Tenant and left in the Premises shall be handled as provided by A.R.S. § 33-1370, including the abandonment-notice, inventory, storage and holding requirements of that section, and the exceptions permitting earlier disposition in subsections (E) and (I) of that section (including perishable items, plants and animals, contaminated or biohazardous property, low-value property, and property remaining after Tenant returns the keys). Until Tenant has paid the actual removal and storage costs in full, Tenant shall have no right of access to the stored property, except that Tenant may obtain clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents (A.R.S. § 33-1370(F)). If Tenant notifies Landlord in writing, on or before the date Landlord sells or otherwise disposes of the property, that Tenant intends to remove it, Tenant shall have five (5) days to reclaim the property, and within that five-day period Landlord shall surrender possession on Tenant’s tender of the applicable storage or removal costs (A.R.S. § 33-1370(H)). Landlord shall have no liability for any loss resulting from moving, storing or donating such property in compliance with A.R.S. § 33-1370(F), and no liability for the immediate removal and disposal of property remaining in the Premises after Tenant returns the keys as provided in A.R.S. § 33-1370(I).

33. ATTORNEYS’ FEES. In any court action between Landlord and Tenant arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs, with prevailing-party status and the reasonable amount of the award determined by the court, except where controlling law precludes that award (A.R.S. § 33-1315(A)(2)).

34. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. If Tenant records this Agreement, such recording shall constitute a material noncompliance with this Agreement entitling Landlord to terminate this Agreement and recover possession as provided in the DEFAULT clause.

35. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Arizona.

36. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this 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.

37. 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.

38. 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.

39. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

40. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder, except as provided by A.R.S. § 33-1371. Landlord is not required to accept a partial payment of rent or other charges. If Landlord accepts a partial payment, Landlord retains the right to proceed against Tenant only if Tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy, which writing shall contain a date on which the balance is due; if Landlord has provided Tenant a notice of failure to pay rent under A.R.S. § 33-1368(B) before the completion of that writing, no additional notice under A.R.S. § 33-1368(B) is required in case of a breach of that writing (A.R.S. § 33-1371(A)). Acceptance of a housing-assistance payment does not constitute acceptance of a partial payment or a waiver of Landlord’s right to terminate for any breach (A.R.S. § 33-1371(B)). Except as provided in A.R.S. § 33-1371(A) and (B), Landlord’s acceptance of rent, or any portion of rent, with knowledge of a default by Tenant, or Landlord’s acceptance of performance by Tenant that varies from the terms of this Agreement or of rules or regulations subsequently adopted by Landlord, constitutes a waiver of Landlord’s right to terminate this Agreement for that breach (A.R.S. § 33-1371(C)).

41. MODIFICATION. The parties hereby agree that this document, together with the Data Schedule and all addenda, rules, disclosures and forms attached to or delivered with it, contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.

42. NOTICE. Any notice required or permitted under this Agreement shall be in writing and shall be given by hand delivery or by United States registered or certified mail addressed as set forth in the Data Schedule (or, in the case of notice to Landlord, delivered in hand or mailed by registered or certified mail to the place of business of Landlord through which this Agreement was made, to any place held out by Landlord as the place for receipt of the communication, or to any individual designated as an agent pursuant to A.R.S. § 33-1322; or, in the case of notice to Tenant, delivered in hand to Tenant or mailed by registered or certified mail to Tenant at the place held out by Tenant as the place for receipt of the communication or, in the absence of such designation, to Tenant’s last known place of residence). Notice shall be deemed received on the date it is actually received or, if sent by registered or certified mail, five (5) days after the date it is mailed, whichever occurs first. Notwithstanding the foregoing, this clause does not govern, and no provision of this Agreement modifies: (1) any notice of termination, nonpayment of rent, material noncompliance, or eviction, including notices under A.R.S. §§ 33-1368, 33-1375 and 33-1377, or any other notice or process for which Arizona law prescribes the manner of service (including personal service or posting); (2) the security-deposit itemization and refund under A.R.S. § 33-1321(D), which shall be sent by first-class mail to Tenant’s last known place of residence; (3) any notice or disclosure required by federal law, including lead-based-paint disclosures and CARES Act notices; (4) any notice required by municipal or local code; or (5) any notice for which another Arizona statute prescribes the delivery method, including a notice of abandonment under A.R.S. § 33-1370 (certified mail, return receipt requested, plus posting) and a demand notice under A.R.S. § 12-671 (certified mail, return receipt requested, to the address as it appears on the check, or notice in person).

A courtesy copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. The sending or receipt of a courtesy e-mail copy does not constitute delivery or receipt of notice.

43. SWIMMING POOL SAFETY NOTICE. (Applies only if a swimming pool or other contained body of water subject to A.R.S. § 36-1681 is located on the Premises.) On entering into this Agreement, Landlord shall give Tenant a notice explaining safety education and the responsibilities of pool ownership, as approved by the Arizona Department of Health Services, pursuant to A.R.S. § 36-1681(E). The currently approved notice is the Arizona Department of Health Services’ “Residential Pool Safety Notice” (September 2012), available from the Arizona Department of Health Services at www.azdhs.gov. If this clause applies, Landlord has given Tenant the current notice identified above (or its successor), and Tenant acknowledges receipt of the notice delivered with this Agreement. Tenant shall not remove, disable, prop open, or otherwise defeat any pool barrier, fence, gate, latch, or lock serving the Premises, and shall promptly notify Landlord of any pool barrier, gate, latch, or lock that is damaged or not functioning properly.

44. NOTICE OF POSSIBLE FORECLOSURE.

(Complete only if a foreclosure action on the Premises was initiated before this Agreement was entered into. Do not complete if the Premises is a multifamily residential rental unit in a property consisting of four or more connected units — A.R.S. § 33-1331(D).)

☐ Applicable. Tenant is given the following notice pursuant to A.R.S. § 33-1331(A): “This property is undergoing foreclosure. For more information on this action, you should contact

_____

(name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party). A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _____ (time, date and place) or no date for sale of this property has been established.”

45. ADDITIONAL PROVISIONS; DISCLOSURES.

_____

Notices required by Arizona law appear in this Agreement (Sections 23–26, 43, and 44). The following additional disclosures are part of this Agreement if checked:

☐ Lead-Based Paint Disclosure and EPA pamphlet (42 U.S.C. § 4852d) — separate federal form attached (required for housing built before 1978).

☐ Flood Hazard Notice — attached (optional; no Arizona statute requires it).

☐ Other: _____

If no box is checked above, no additional disclosures accompany this Agreement.