Arizona Residential Rental Property Information Required to be Filed with County Assessor

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Arizona Law

Arizona Landlord Tenant Law

Residential Rental Property

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Residential Property Owners Who Have Not Filed with the County Assessor are Liable for a $1,000 Fine

Failure to File May Allow Tenant to Cancel Lease

by Richard Keyt, Arizona real estate attorney

Arizona Revised Statutes Section 33-1902 requires that all owners of residential rental property in Arizona must file certain information with the county assessor of the county in which the property is located and update the information within ten days of any change. An owner who fails to file the required information may be fined $1,000 plus an additional $100 for each month the filing is delinquent.

Section 33-1902 requires the owner of residential property in Arizona to give the following information to the county assessor of the county in which the property is located:

The name, address and telephone number of the property owner.
If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and telephone number of any of the following:

(a) For a corporation, a corporate officer.

(b) For a partnership, a general partner.

(c) For a limited liability company, the managing or administrative member.

(d) For a limited partnership, a general partner.

(e) For a trust, a trustee.

(f) For a real estate investment trust, a general partner or an officer.

The street address and parcel number of the property.
The year the building was built.

An owner of residential rental property who lives outside Arizona shall designate and record with the assessor a statutory agent who lives in Arizona and who will accept legal service on behalf of the owner. The owner shall designate the agent in a manner to be determined by the county assessor. The information shall include the name, address and telephone number of the agent.

Section 33-1902 also provides that Arizona residential rental property shall not be occupied if the information required by Section 33-1902 is not on file with the proper county assessor.

Tenant's Right to Terminate Lease if Information Not on File

If an owner or Arizona residential rental property has not filed the required information with the county assessor and the residential rental property is occupied by a tenant, the tenant may choose to terminate the tenancy by delivering to the landlord, owner or managing agent of the property a written ten day notice to comply with this Section 33-1902. The notice shall be delivered by certified mail, return receipt requested, or by hand delivery. If the residential property owner does not comply with Section 33-1902 within ten days after receiving the notice, the tenant may terminate the rental agreement and the landlord must return all prepaid rent to the tenant.

Landlord May Be Liable to Tenant for 2 x the Security Deposit

The landlord must return any unapplied portion of the security deposit in accordance with Arizona Revised Statutes Section 33-1321(D). Section 33-1321(D) provides that within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant, the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail, by regular mail, to the tenant's last known place of residence. If the landlord fails to comply with 33-1321(D), the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld. The landlord shall return money owed the tenant by certified mail, return receipt requested, or by hand delivery to the tenant within ten days after the termination of the rental agreement.

A person who fails to comply with Section 33-1902 shall be assessed a civil penalty of $1,000 plus an additional $100/month after the date of the original violation until compliance occurs. Court may not suspend any portion of the civil penalty provided by Section 33-1902. However, if a person complies within ten days after receiving the complaint that notices the violation, the court shall dismiss the complaint and shall not impose a civil penalty.

County Assessor's Forms for Residential Property

The following counties had Notification of Arizona Residential Rental Property forms on their websites as of November 28, 2004:

This article was first published on November 25, 2004.

About the Author

Richard Keyt, J.D., LL.M. (income taxation New York University Law School) is a business, LLC, real estate, transactions, contracts and estate planning attorney licensed to practice law in Arizona. He has formed over 2,900+ Arizona limited liability companies in the last few years because his low cost high quality LLC package is second to none and it only costs $599 for everything. Rick has practiced law in Arizona since 1980. Rick can be reached by telephone at 602-906-4953, ext. 1. Email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's web site located at www.keytlaw.com had over 6,000,000 visitors in 2006 - 2010. To follow Rick on Twitter go to www.keytlaw.com/twitter. Rick does not accept matters involving landlord / tenant disputes or litigation of any kind (other than tax lien foreclosures). Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

How to Hire AZ Landlord's Attorney to Evict a Tenant

To hire Arizona landlord's attorney Norm Keyt to evict a residential tenant or to advise you with respect to residential leases and problems with tenants, follow this link, call Norm at 602-265-0273 or send an email to nck@keytlaw.com. No charge for quick questions about evicting a tenant.

This page was last modified on March 25, 2012.

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