Ariz. Rev. Stat. § 33-1316
Separation of rents and obligations to maintain property forbidden
Operative Text
A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with section 33-1324, subsection A.
Arizona law under A.R.S. § 33-1316 prohibits any rental agreement, assignment, conveyance, trust deed, or security instrument from separating the right to collect rent from the duty to maintain the property in a habitable condition as required by A.R.S. § 33-1324(A). In other words, no legal document can be structured so that a party receives rent while being relieved of the landlord's core maintenance and habitability obligations. The rule ensures that whoever collects rent is also bound by the corresponding duty to keep the premises fit for occupancy.
Plain English — not legal advice.
Under A.R.S. § 33-1316, compliant operators ensure that no lease, assignment, or financing instrument they enter into attempts to waive or transfer away the habitability maintenance obligations tied to rent collection. Property managers who assign leases or use trust deeds in connection with rental property generally confirm that the maintenance duties required by § 33-1324(A) remain attached to the rental relationship and are not disclaimed in any document. Reviewing all transactional documents with this requirement in mind is a standard practice for operators seeking to remain in compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1316 gives tenants a basis to challenge any lease clause or related instrument that purports to allow a landlord or other party to collect rent without being bound by the habitability maintenance standards set out in § 33-1324(A). If a rental agreement contains such a provision, tenants may have grounds to raise the violation as a defense in a legal proceeding or to file a complaint with an appropriate housing authority. Tenant-rights organizations in Arizona can help renters understand what options may be available when a document appears to violate this provision.
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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