What A Lease Cannot Say
A.R.S. 33-1315 — five terms a rental agreement may not contain
An Arizona rental agreement may not provide that the tenant:
- Waives or gives up rights or remedies under the landlord and tenant chapter.
- Pays the landlord's attorney fees, except that a written agreement may award fees to the prevailing party in a court action.
- Accepts an exculpation or limit on the landlord's liability under law, or indemnifies the landlord for it.
- Waives or limits the right to summon a peace officer or emergency help in an emergency.
- Pays a penalty or is otherwise penalized for summoning a peace officer or emergency help in an emergency.
Unenforceable, and two months' rent if deliberate. A prohibited provision in a rental agreement is unenforceable. A landlord who deliberately uses an agreement containing provisions the landlord knows are prohibited owes the tenant actual damages and not more than two months' periodic rent.
A prevailing party in a contested forcible detainer action may be awarded attorney fees under the general contract fees statute whether or not the rental agreement provides for them.
Sources for this section (1)
- A.R.S. 33-1315 — Prohibited provisions in rental agreements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.