Ariz. Rev. Stat. § 33-1315
Prohibited provisions in rental agreements
Operative Text
A. A rental agreement shall not provide that the tenant does any of the following: 1. Agrees to waive or to forego rights or remedies under this chapter. 2. Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action and except that a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees pursuant to section 12-341.01 regardless of whether the rental agreement provides for such an award. 3. 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 therewith. 4. 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. 5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency. B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. 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. C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.
Arizona law under A.R.S. § 33-1315 identifies several types of clauses that cannot be enforced in a residential rental agreement. These include clauses that strip tenants of their legal rights or remedies, require tenants to pay a landlord's attorney fees unconditionally, shield landlords from their own legal liability, or penalize tenants for calling emergency services. Any such clause placed in a lease is void and unenforceable, and a landlord who knowingly includes prohibited terms may owe the tenant actual damages plus up to two months' rent.
Plain English — not legal advice.
Under A.R.S. § 33-1315, property owners and managers are expected to review their lease templates carefully to ensure no clause attempts to waive tenant statutory rights, impose one-sided attorney fee obligations, limit landlord liability in ways the law prohibits, or discourage tenants from calling for emergency help. A landlord who deliberately includes a clause known to be prohibited faces exposure beyond mere unenforceability — the tenant may seek actual damages and up to two months' periodic rent. Compliant operators typically work with qualified legal counsel when drafting or updating lease agreements to confirm that no provision runs afoul of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1315 gives tenants a basis to challenge lease clauses that waive their legal rights, impose improper attorney fee obligations, limit a landlord's liability, or penalize them for summoning emergency assistance — such clauses are void and cannot be enforced against a tenant. If a landlord knowingly included a prohibited provision and a tenant suffered harm as a result, the tenant may be entitled to recover actual damages and up to two months' rent under this section. Tenants who believe their lease contains such a clause may consider consulting a tenant-rights organization, a legal aid office, or a licensed attorney to understand what options may be available to them.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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