Residential Landlord and Tenant Laws


Scope


There are many issues that may lead a landlord or tenant to seek legal information. This guide provides references to some of the statutes and resources that address most common landlord and tenant matters. If you need additional research assistance, reference librarians at the ASU Ross-Blakley Law Library can assist you in identifying information sources to use in finding an answer; we cannot, however, offer legal advice or interpretation of legal information.

If you have a legal matter, speaking to an attorney is advised. A list of local agencies offering legal assistance or providing referrals to attorneys can be found below, often at no or reduced cost to those who qualify.


The Residential Landlord Tenant Act


The Residential Landlord Tenant Act can be found in the Arizona Revised Statutes (A.R.S. §§ 33-301 to 33-1381). This act describes many of the rights and responsibilities of both the landlord and the tenant and remedies.

There are a few ways to locate these statutes:

Online
Arizona State Legislature's Web Site
Arizona Secretary of State Web Site (pdf version)

In Print:
Arizona Revised Statutes Annotated — KFA 2430 1956 .A2
Law Core, Reserve Reading Room, Law State Collection, and Law Reserve

Request a free print copy from the Arizona Secretary of State, Public Services Division by calling 602-542-4086

 

Other Laws


Depending on your situation, there are federal, state and local laws that may apply. Below are a few of the major laws that may affect your housing situation. Other laws can be found by searching the appropriate codes or statutes.

Federal
Federal Fair Housing Act (42 U.S.C. §§ 3602 et seq.)
Americans With Disabilities Act (42 U.S.C. §§ 12101 et seq.)
Search the U.S. Code (See guide on Federal Legislation ) 
Online: Cornell's Legal Information Institute
In Print: KF62 1994 .A2 at Main Reading Room

State
Arizona Fair Housing (A.R.S. §§ 41-1491 et seq.)
Search the Arizona Revised Statutes (See guide on Arizona Legislation)
Online: Arizona State Legislature's Web Site 
In Print: Arizona Revised Statutes Annotated — KFA 2430 1956 .A2
Law Core, Reserve Reading Room, Law State Collection, and Law Reserve
Local
Tempe City Code
(Rental Housing Code §§ 21-21 to 21-40 and Fair Housing §§ 22-91 to 22-99)
Current code only available online.

Phoenix City Code
(Neighborhood Preservation Ordinance §§ 39-1 et seq., Fair Housing §§ 18-11 et seq., Building §§ 9-1 et seq.) Available in print: KFX2141.P55 A35 2001 Law Reserve

Scottsdale Revised Code
(Fair Housing §§ 15-16 et seq. and Buildings and Building Regulations §§ 31-1 et seq.)
Available in print: KFX 2375 S2A35 1987 Law Reserve
 

Resources on the Web


The links below are a collection of web sites that may help you understand the Residential Landlord Tenant Act and/or other issues pertaining to your situation.

 

Resources at the Ross-Blakley Law Library


The following are books available at the ASU Law Library. These books tend to be more comprehensive than the websites and contain more sample forms. Some of the books are available in print, and some are electronic books available through ebrary to library users and ASU students, faculty, and staff.

Arizona
Arizona Rental Rights: A Guide Book for Tenants, Landlords and Mobile Home Users David (5th ed. 2009)
David A. Peterson and Andrew M. Hull
KFA2517.Z9 P47 2009  
 
Arizona Civil Remedies (2d ed. 2003), edited by Marilee Miller Clarke
KFA2947 .A95 2003

Arizona Landlord's Deskbook (5th ed. 2007), Carlton C. Casler
KFA2517.Z9 C37 2007
General
Every Landlord's Legal Guide, Marcia Stewart, Ralph Warner & Janet Portman\
KF590.Z9 S74 2008

Every Tenant's Legal Guide (5th ed. 2007), Janet Portman & Marcia Stewart
KF590.Z9 P67 2007

Landlord and Tenant Law (4th ed. 2000), Margaret Wilkie & Godfrey Cole
electronic book

Landlord and Tenant Law in a Nutshell (5th ed. 2011),  David S. Hill
KF590.Z9 H45 2011

Renters' Rights: The Basics , Janet Portman & Marcia Stewart
KF590.Z9 P673 2000 (2d ed. 2000)

Resources at Area Libraries


Most libraries have resources related to landlord and tenant law. If you are unable to visit the ASU law library, check your local library's catalog or contact a reference librarian at that library to find out if they have what you are looking for. Note: Call numbers that are provided above refer to locations at the Arizona State University Law Library and may not correspond with the call number at another library.

 

Need Advice?


The following organizations may provide assistance in handling a landlord and tenant dispute. If you do not qualify for their services or have a more complex situation, you may consider finding an attorney through the lawyer referral service.
Maricopa County, Community Legal Services
Community Legal Services provides civil legal services to applicants whose income is near poverty level.

Arizona Fair Housing Center
The center provides fair housing education and outreach including counseling and consultations. It also investigates housing discrimination complaints. This group does not provide legal representation in court.

Phoenix Housing Counseling
Housing Counseling provides help to residents who are tenants by counseling them on their rights and responsibilities. All services of the program are free.

Maricopa County Bar Lawyer Referral Service
Schedule a 30-minute consultation with an attorney for a $35 referral fee.

Updated 12/07 
  

JOHN J. ROSS - WILLIAM C. BLAKLEY LAW LIBRARY
PO BOX 877806 • 1102 S MCALLISTER AVE • TEMPE, AZ 85287-7806 • 480-965-6144 • FAX: 480-965-4283