Ariz. Rev. Stat. § 33-1312
Unconscionability
Operative Text
A. If the court, as a matter of law, finds either of the following: 1. A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. 2. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result. B. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
Under A.R.S. § 33-1301 et seq. § 33-1312, Arizona courts have the authority to review rental agreements and settlement agreements for unconscionability at the time they were made. If a court determines that an agreement or any of its provisions was unconscionable, it may decline to enforce the agreement entirely, strike only the offending provision while keeping the rest intact, or narrow the provision's application to prevent an unfair outcome. When unconscionability is raised—whether by a party or by the court itself—both sides must be given a fair opportunity to present evidence about the context, purpose, and effect of the agreement.
Plain English — not legal advice.
Property owners and managers operating under Arizona's residential landlord-tenant framework should be aware that A.R.S. § 33-1301 et seq. § 33-1312 gives courts the power to scrutinize lease terms and settlement agreements for fairness at the time of signing. Compliant operators generally ensure that lease provisions are clearly written, mutually reasonable, and not structured to take advantage of a tenant's limited bargaining position. When disputes arise and settlements are negotiated, operators typically document the voluntary and informed nature of any waiver of rights to reduce the risk that a court later finds the settlement unconscionable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1301 et seq. § 33-1312 provides tenants with a legal basis to challenge rental agreement terms or settlement agreements that were grossly unfair at the time they were signed. If unconscionability is raised in a court proceeding, tenants have the right to present evidence about the circumstances surrounding the agreement, including how it was presented and what effect it has had. Tenants who believe a lease clause or settlement may be unconscionable can explore this issue by consulting a tenant-rights organization or legal aid provider familiar with Arizona landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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