Ariz. Rev. Stat. § 33-1323
Landlord to supply possession of dwelling unit
Operative Text
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 33-1375, subsection C.
Under A.R.S. § 33-1323, a landlord is required to actually deliver possession of the rental unit to the tenant at the start of the lease term, in a condition that meets the rental agreement and the habitability standards set out in § 33-1324. If someone else is unlawfully occupying the unit at that time, the landlord has the legal authority to pursue a court action to remove that person and seek damages under § 33-1375(C). This rule places the burden of ensuring the unit is available and accessible squarely on the landlord when the tenancy begins.
Plain English — not legal advice.
A.R.S. § 33-1323 means that compliant operators ensure the rental unit is physically vacant, accessible, and in the condition required by both the lease and § 33-1324 on the first day of the tenancy. If a prior tenant, holdover occupant, or any other party is still in the unit at lease commencement, property managers generally take prompt legal action—such as an eviction or unlawful detainer proceeding—to recover possession and may pursue damages under § 33-1375(C). Documenting the unit's condition and the handover of keys at move-in is a common practice that supports compliance with this obligation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1323, tenants have a right to actually receive possession of their unit at the start of the lease term; a landlord who fails to deliver the unit on time is not meeting this statutory obligation. If possession is not delivered as required, tenants may have grounds to terminate the rental agreement or pursue other remedies available under Arizona landlord-tenant law. Tenant-rights organizations and legal aid services can help renters understand what options exist when a landlord does not comply with § 33-1323.
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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