Arizona Prohibited Lease Provisions: What You Cannot Require
Arizona's landlord and tenant statute lists five things a rental agreement may not provide that the tenant does, and makes any such provision unenforceable. A.R.S. 33-1315(B) lets a tenant recover actual damages and not more than two months' periodic rent if a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited.
The Five Prohibited Provisions
A.R.S. 33-1315(A) says a rental agreement shall not provide that the tenant does any of the following:
- Agrees to waive or forego rights or remedies under the Act. The tenant cannot agree to give up protections the statute provides. For example, a clause stating that the tenant waives a remedy the Act gives for landlord noncompliance falls under this item.
- Agrees to pay the landlord's attorney fees, with two exceptions:
- An agreement in writing may provide that attorney fees may be awarded to "the prevailing party in the event of court action".
- A prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees under A.R.S. 12-341.01, regardless of whether the rental agreement provides for such an award.
- Agrees to the exculpation or limitation of any liability of the landlord arising under law, or to indemnify the landlord for that liability or the costs connected with it.
- Agrees to waive or limit the tenant's right to summon, or any other person's right to summon, a peace officer or other emergency assistance in response to an emergency.
- Agrees to payment of monetary penalties, or is otherwise penalized, because the tenant, or any other person, summoned a peace officer or other emergency assistance in response to an emergency. The text ties items 4 and 5 to an emergency; it says nothing about calls that are not in response to an emergency.
What Happens If a Prohibited Clause Is in the Lease
Under A.R.S. 33-1315(B), a provision prohibited by subsection A and included in a rental agreement is unenforceable. Separately, if a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover:
- actual damages sustained by the tenant, and
- not more than two months' periodic rent.
The damages remedy is tied to deliberate use and the landlord's knowledge. The statute does not say how either is proved; an Arizona attorney can advise on a specific case.
Subsection (C) adds that the section does not limit the landlord's right to evict a tenant under A.R.S. 33-1368.
Practical Examples
| Clause | Status under 33-1315(A) | Note |
|---|---|---|
| Tenant waives all rights under the Arizona Residential Landlord and Tenant Act | Prohibited (item 1) | Unenforceable; damages of up to two months' periodic rent also require deliberate use and knowledge |
| Tenant pays the landlord's attorney fees, whoever wins | Prohibited (item 2) | Unenforceable; the exceptions are a written clause that fees may be awarded to the prevailing party, and 12-341.01 in contested forcible detainer actions |
| Landlord is not liable for any injury or damage on the premises | Prohibited (item 3) to the extent it limits liability arising under law | Unenforceable |
| Tenant is charged a $250 fee when anyone summons the police in response to an emergency | Prohibited (item 5) | Unenforceable |
| Attorney fees may be awarded to the prevailing party in the event of court action | Within the item 2 exception when in writing | The statute does not say more about this clause |
Common Mistakes
- Using old lease templates from other states, which may contain prohibited language.
- Adding an indemnity clause that makes the tenant answer for the landlord's liability arising under law or the costs connected with it.
- Charging a fee or penalty because the tenant or another person summoned a peace officer or other emergency assistance in response to an emergency.
- Making the tenant pay the landlord's attorney fees whatever the outcome, instead of the prevailing-party wording the statute allows.
- Requiring the tenant to sign a waiver of rights or remedies under the Act as a condition of moving in.
This describes statute text; it is not legal advice. For a specific lease dispute or question about enforceability, see an Arizona attorney.
Checked against the text published on azleg.gov on 5 October 2026.
Sources
- A.R.S. 33-1315 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 33-1368 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 12-341.01 — Arizona Legislature, Arizona Revised Statutes
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Informational only, not legal advice. Statute text checked against the Arizona Revised Statutes (Title 33, Chapter 10 and Title 12, Chapter 8, Article 4) as published at azleg.gov on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to an Arizona landlord-tenant attorney.
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