Ariz. Rev. Stat. » Title 33

Ariz. Rev. Stat. § 33-1310

General definitions

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Subject to additional definitions contained in subsequent articles of this chapter that apply to specific articles of this chapter, and unless the context otherwise requires, in this chapter:

1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

2. "Building and housing codes" includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the premises.

4. "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.  Dwelling unit does not include real property used to accommodate a mobile home, unless the mobile home is rented or leased by the landlord.

5. "Good faith" means honesty in fact in the conduct or transaction concerned.

6. "Housing assistance payment" means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity.  Housing assistance payment does not include any payment made by a faith-based organization, a community action agency program or a nonprofit entity.

7. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 33-1322.

8. "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or constructive agent pursuant to section 33-1322.

9. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession.

10. "Person" means an individual or organization.

11. "Premises" means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.

12. "Rent" means payments to be made to the landlord in full consideration for the rented premises.

13. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

14. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.

15. "Security" means money or property given to assure payment or performance under a rental agreement.  Security does not include a reasonable charge for redecorating or cleaning.

16. "Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.

17. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

18. "Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful holdover period.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1980–2026 · leading case: Marcie Normandin v. Encanto Adventures
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Marcie Normandin v. Encanto Adventures (2019) ariz · cites it 2× “A.R.S. § 33-1310(16) (" 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.”
Schaefer v. Murphey (1982) ariz · cites it 3× “§ 33-1367? SECURITY DEPOSIT A.R.S. § 33-1310(13) defines “security” as “money or property given to assure payment or performance under a rental agreement.”
Mead, Samuel & Co., Inc. v. Dyar (1980) arizctapp · cites it 4× “” The term “rental agreement” is defined in A.R.S. § 33-1310 as follows: “11. ‘Rental agreement’ means all agreements written, oral or implied by law, and valid rules and regulations adopted under § 33-1342 embodying the terms and conditions concerning the use and occupancy of a…”
McLEOD BY AND THROUGH SMITH v. Newcomer (1989) arizctapp · cites it 2× “” A.R.S. § 33-1310(15) (1974). Although the one-page rental agreement in this case does not specify who will occupy the house, it can be inferred from the agreement, as well as the facts, that Tyler is Newcomer’s nephew and that several discussions were held concerning the…”
State v. Main (1988) arizctapp · cites it 2× “See A.R.S. § 33-1310(11) and (15). In United States v.”
Pavilion Hotel, Inc. v. Valley National Bank (1994) arizctapp · cites it 2× “…Landlord and Tenant Act as "payments to be made to the landlord in full consideration for the rented premises.” A.R.S. § 33-1310.”
M2 Real Solutions v. Perry (2018) arizctapp · cites it 6× “§ 33-1310 (Act's definitions will control "unless the context otherwise requires").”
Matthews v. Bridge III Az Onnix (2022) arizctapp · cites it 4× “¶16 Matthews argues Bridge Investment Group’s liability insurance policy should have been admitted under Arizona Rule of Evidence 411 to prove it owned Onnix.”
Domeier v. Saunders (2016) arizctapp · cites it 2× “” A.R.S. § 33-1310(5). Here, Domeier provided Saunders notice that he was not going to renew the lease on January 29, 2015, by posting the notice at the residence and by certified mail.”
Culver City v. Reyes (2018) arizctapp · cites it 2× “” A.R.S. § 33-1310(16) (emphasis added). A tenant at sufferance, by contrast, is “when a party who had a lawful possessory interest in property wrongfully continues in possession of the property after its interest terminated.”
Wells Fargo v. Park (2019) arizctapp · cites it 2× “; see A.R.S. § 33-1310(17) (defining “tenant” as a person with “a rental agreement”).”
LE v. NORTH SHORE (2026) arizctapp · cites it 2× “” A.R.S. § 33-1310(17). We fail to see the applicability of this statutory definition to the issue at hand, nor do we see how the existence of written lease precludes a finding that a short-term renter’s use is “transient.”
Show all 14 citing cases →
— Ariz. Rev. Stat. § 33-1310(11) — 1 case
State v. Main (1988) arizctapp “See A.R.S. § 33-1310(11) and (15). In United States v.”
— Ariz. Rev. Stat. § 33-1310(13) — 1 case
Schaefer v. Murphey (1982) ariz “§ 33-1367? SECURITY DEPOSIT A.R.S. § 33-1310(13) defines “security” as “money or property given to assure payment or performance under a rental agreement.”
— Ariz. Rev. Stat. § 33-1310(15) — 1 case
McLEOD BY AND THROUGH SMITH v. Newcomer (1989) arizctapp “” A.R.S. § 33-1310(15) (1974). Although the one-page rental agreement in this case does not specify who will occupy the house, it can be inferred from the agreement, as well as the facts, that Tyler is Newcomer’s nephew and that several discussions were held concerning the…”
— Ariz. Rev. Stat. § 33-1310(16) — 3 cases
Marcie Normandin v. Encanto Adventures (2019) ariz “A.R.S. § 33-1310(16) (" 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.”
Culver City v. Reyes (2018) arizctapp “” A.R.S. § 33-1310(16) (emphasis added). A tenant at sufferance, by contrast, is “when a party who had a lawful possessory interest in property wrongfully continues in possession of the property after its interest terminated.”
M2 Real Solutions v. Perry (2018) arizctapp “§ 33-1310 (Act's definitions will control "unless the context otherwise requires").”
— Ariz. Rev. Stat. § 33-1310(17) — 2 cases
Wells Fargo v. Park (2019) arizctapp “; see A.R.S. § 33-1310(17) (defining “tenant” as a person with “a rental agreement”).”
LE v. NORTH SHORE (2026) arizctapp “” A.R.S. § 33-1310(17). We fail to see the applicability of this statutory definition to the issue at hand, nor do we see how the existence of written lease precludes a finding that a short-term renter’s use is “transient.”
— Ariz. Rev. Stat. § 33-1310(3) — 1 case
Smith v. Stick (2020) arizctapp
— Ariz. Rev. Stat. § 33-1310(5) — 1 case
Domeier v. Saunders (2016) arizctapp “” A.R.S. § 33-1310(5). Here, Domeier provided Saunders notice that he was not going to renew the lease on January 29, 2015, by posting the notice at the residence and by certified mail.”
— Ariz. Rev. Stat. § 33-1310(7) — 1 case
Matthews v. Bridge III Az Onnix (2022) arizctapp “¶16 Matthews argues Bridge Investment Group’s liability insurance policy should have been admitted under Arizona Rule of Evidence 411 to prove it owned Onnix.”
— Ariz. Rev. Stat. § 33-1310(9) — 2 cases
M2 Real Solutions v. Perry (2018) arizctapp “§ 33-1310 (Act's definitions will control "unless the context otherwise requires").”
Matthews v. Bridge III Az Onnix (2022) arizctapp “¶16 Matthews argues Bridge Investment Group’s liability insurance policy should have been admitted under Arizona Rule of Evidence 411 to prove it owned Onnix.”
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