Arizona Residential Landlord and Tenant Act An Arizona Department of Housing Publication
Page 6
33-1310
General definitions
Subject to additional definitions contained in subsequent articles of this chapter that apply to
specific articles of this chapter, and unless the context otherwise requires, in this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other
proceeding in which rights are determined, including an action for possession.
2. "Building and housing codes" includes any law, ordinance or governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation, occupancy,
use or appearance of any premises or dwelling unit.
3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating
the premises.
4. "Dwelling unit" means a structure or the part of a structure that is used as a home,
residence, or sleeping place by one person who maintains a household or by two or more
persons who maintain a common household. Dwelling unit does not include real property
used to accommodate a mobile home, unless the mobile home is rented or leased by the
landlord.
5. "Good faith" means honesty in fact in the conduct or transaction concerned.
6. "Housing assistance payment" means any payment made to the landlord by a
government agency, a public housing authority or any third party on behalf of a government
agency, a public housing authority or any for-profit entity pursuant to a separate written
rental assistance or subsidy contract between the landlord and the government agency,
public housing authority or third party on behalf of a government agency, public housing
authority or for-profit entity. Housing assistance payment does not include any payment
made by a faith-based organization, a community action agency program or a nonprofit
entity.
7. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of
which it is a part, and it also means a manager of the premises who fails to disclose as
required by section 33-1322.
8. "Organization" includes a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest and any other legal or commercial entity that is a landlord, owner,
manager or constructive agent pursuant to section 33-1322.
9. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of
the legal title to property or all or part of the beneficial ownership and a right to present use
and enjoyment of the premises. The term includes a mortgagee in possession.
10. "Person" means an individual or organization.
11. "Premises" means a dwelling unit and the structure of which it is a part and existing
facilities and appurtenances therein, including furniture and utilities where applicable, and
grounds, areas and existing facilities held out for the use of tenants generally or whose use
is promised to the tenant.
12. "Rent" means payments to be made to the landlord in full consideration for the rented
premises.
13. "Rental agreement" means all agreements, written, oral or implied by law, and valid
rules and regulations adopted under section 33-1342 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit and premises.
14. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or
kitchen facility, in a structure where one or more major facilities are used in common by
occupants of the dwelling unit and other dwelling units. Major facility in the case of a