Phoenix tenant screening & landlord laws
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Phoenix tenant screening
Tenant screening generally means reviewing a rental applicant's credit, criminal, eviction, and income history before deciding whether to offer a lease. Because Phoenix is located in Arizona, the Arizona Residential Landlord and Tenant Act (ARLTA) generally sets the statewide floor, and Phoenix landlords typically need to layer any city-specific rules on top of it. Arizona is a comparatively lighter-touch state in several respects — it generally has no statewide cap on screening/application fees, no state source-of-income protection, but it does cap security deposits and it affirmatively preempts local rent control statewide.
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Arizona baseline, in brief:
What Arizona law already provides
- Screening/application fees: Arizona has no statewide cap on tenant screening or application fees; landlords must generally state in writing whether a fee or deposit is nonrefundable under A.R.S. § 33-1321(B) — any fee not designated nonrefundable is treated as refundable.
- Criminal history: No Arizona state statute specifically limits how landlords may use criminal history in a rental decision beyond the federal Fair Housing Act framework.
- Source of income: Not a protected class under Arizona state law; the federal Fair Housing Act also does not cover source of income.
- Security deposits: Generally capped at one-and-a-half months' rent (two months' rent for mobile homes) under A.R.S. § 33-1321(A); landlords must generally provide an itemized deduction list and any amount due within 14 days (excluding Saturdays, Sundays, and legal holidays) after termination, delivery of possession, and tenant demand, under § 33-1321(D).
- Rent control: Arizona law affirmatively preempts local rent control statewide under A.R.S. § 33-1329(A) — "Cities, including charter cities, or towns shall not have the power to control rents" — with a narrow exception in § 33-1329(B) for housing that is owned, financed, insured, or subsidized by a government entity.
How Phoenix's rules layer on top of Arizona law
Arizona's rent-control preemption in § 33-1329 is broader and less conditional than Texas's disaster-tied exception, with the narrow government-housing carve-out noted above. Confirm any Phoenix rent-control or screening ordinance against current city code. Phoenix's official Landlord and Tenant Program, run through its Human Services Department, describes its role as providing education on rights and responsibilities "under the Arizona Residential Landlord and Tenant Act"; confirm any separate Phoenix screening, source-of-income, or criminal-history requirement against current municipal code.
Screening rules to follow in Phoenix
- Criminal history: Phoenix may have local restrictions on the use of criminal history in tenant screening; confirm current municipal code before finalizing a screening policy. Screening for criminal history in Phoenix generally follows the federal Fair Housing Act framework described for Arizona as a whole.
- Source of income / vouchers: Phoenix may have its own protections for housing-voucher holders as a class; confirm current Phoenix city code before finalizing a screening policy. Because source of income is not protected under Arizona or federal law either, a Phoenix landlord generally is not legally required to accept a Housing Choice Voucher, absent a lease term or program agreement saying otherwise.
- Arizona baseline: Arizona law provides the applicable baseline for screening-fee caps, application disclosures, and criminal-record look-back limits.
Rent and eviction rules in Phoenix
Confirm any Phoenix rent-control or just-cause eviction requirement against current city code before finalizing a screening policy, including Arizona's statewide preemption in § 33-1329 and the narrow government-housing exception described above. Evictions in Phoenix generally proceed under the statewide ARLTA framework, including its notice periods for nonpayment, lease violations, and end-of-tenancy notices.
County/township layers
Like Texas, Arizona organizes land outside city limits as unincorporated county area rather than into townships. Properties in unincorporated Maricopa County, which surrounds and contains Phoenix, generally fall under the statewide ARLTA framework described above. Landlords should verify whether the county has a distinct screening or rent ordinance layered on top.
Frequently asked questions
Does Phoenix cap tenant screening or application fees?
Arizona state law generally does not cap these fees, though landlords must generally disclose in writing whether a fee is nonrefundable.
Is source of income a protected class in Phoenix?
Source of income is not protected under Arizona state law or the federal Fair Housing Act. Phoenix may have its own source-of-income requirements; confirm current city code before finalizing a screening policy.
Does Phoenix have rent control?
No. Arizona law affirmatively preempts local rent control statewide, with a narrow exception for government-owned or subsidized housing, so Phoenix generally cannot impose rent control under current state law.
What is the security deposit cap and return timeline in Phoenix?
Under Arizona's statewide ARLTA, deposits are generally capped at one-and-a-half months' rent (two months for mobile homes), and landlords must generally provide an itemized list and any refund within 14 business-equivalent days after termination, possession, and tenant demand.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.