Tempe is a densely populated city in Maricopa County with roughly 190,000 residents, a significant share of whom are renters. As home to Arizona State University, Tempe has one of the highest renter concentrations in the Phoenix metropolitan area, with students, young professionals, and long-term residents all navigating the same rental market. Renters in Tempe most commonly search for information about security deposit returns, rent increase limits, and what to do when a landlord refuses repairs.
Tenant rights in Tempe are governed entirely by Arizona state law — specifically the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10). Tempe has not enacted any local tenant-protection ordinances beyond what the state requires, and state law prohibits the city from doing so in several key areas, including rent control. Understanding the state framework is therefore essential for every Tempe renter.
This page explains the key protections Arizona law provides to Tempe renters, including deposit rules, habitability requirements, eviction procedures, and anti-retaliation rights. This article is informational only and does not constitute legal advice. If you are facing an eviction or a legal dispute with your landlord, contact a qualified attorney or one of the free legal aid organizations listed below.
Tempe has no rent control, and Arizona state law makes it illegal for Tempe — or any Arizona city or county — to enact rent control. A.R.S. § 33-1329 explicitly preempts local governments from adopting any ordinance that would control the amount of rent charged for private residential property. This prohibition has been in effect since 1981 and applies uniformly across the entire state.
In practice, this means a landlord in Tempe may raise your rent by any dollar amount at any time, subject only to proper notice requirements. For month-to-month tenants, a landlord must provide at least 30 days' written notice before a rent increase takes effect (A.R.S. § 33-1375). For tenants on a fixed-term lease, the rent cannot be increased until the lease term expires unless the lease itself permits earlier adjustments.
There is no pending legislation or ballot measure as of April 2026 that would change Arizona's rent control preemption. Renters concerned about affordability should review their lease carefully before signing, negotiate rent caps or renewal terms in writing, and contact advocacy organizations such as Arizona Tenants Advocates for guidance on navigating rent increases.
The Arizona Residential Landlord and Tenant Act (A.R.S. §§ 33-1301 through 33-1381) provides Tempe renters with a set of substantive protections that landlords are legally required to follow.
Habitability (A.R.S. § 33-1324): Landlords must maintain rental units in a fit and habitable condition throughout the tenancy. This includes keeping structural components safe, maintaining plumbing, heating, and electrical systems, and complying with applicable building codes that materially affect health and safety. Landlords must also keep common areas clean and safe.
Repairs (A.R.S. § 33-1363): After a tenant delivers written notice of a needed repair, the landlord has 10 days to begin remedying a material noncompliance affecting health or safety, or 5 days for emergency conditions. If the landlord fails to act, the tenant may have the right to terminate the rental agreement, withhold rent (with court authorization), or arrange for the repair and deduct the cost from rent — subject to statutory limits.
Notice to Terminate (A.R.S. § 33-1375): Either party must give at least 30 days' written notice to terminate a month-to-month tenancy. This notice period cannot be waived by lease language that provides less than the statutory minimum.
Anti-Retaliation (A.R.S. § 33-1381): A landlord may not retaliate against a tenant for complaining to a housing inspector or government agency, reporting a code violation, participating in a tenant organization, or exercising any right protected under the Act. Retaliation includes threatening eviction, raising rent, decreasing services, or filing an unjustified eviction action. If a landlord retaliates, the tenant may recover up to two months' rent in damages or actual damages, whichever is greater, plus attorney's fees.
Lockout and Utility Shutoff Prohibition (A.R.S. § 33-1367): A landlord may not remove a tenant's belongings, change locks, or intentionally cut off water, heat, electricity, or other essential services as a method of forcing the tenant out. Such self-help eviction tactics are illegal regardless of whether the tenant owes rent. A landlord who violates this provision may be liable for double the tenant's actual damages.
Arizona law places clear limits on how much a landlord can collect as a security deposit and how quickly they must return it. These rules apply to all residential rentals in Tempe under A.R.S. § 33-1321.
Deposit Cap: A landlord may not require a security deposit that exceeds one and one-half (1.5) months' rent. For example, if your monthly rent is $1,400, the maximum security deposit a landlord can charge is $2,100. Non-refundable fees may be charged separately but must be clearly labeled as non-refundable in the rental agreement.
Return Deadline: After you vacate the unit and surrender possession, the landlord has 14 business days to return your deposit. Along with any returned funds, the landlord must provide a written itemized statement explaining any deductions for damages beyond normal wear and tear, unpaid rent, or other allowable charges.
Wrongful Withholding Penalty: If a landlord wrongfully withholds all or part of your security deposit — meaning they fail to return it within 14 business days or make deductions that are not permitted under the lease or by law — you are entitled to twice the amount wrongfully withheld as a penalty, in addition to recovering the withheld amount itself (A.R.S. § 33-1321(D)).
Practical Tip: Document the condition of your unit with dated photographs at both move-in and move-out, and deliver your forwarding address to your landlord in writing on or before the date you vacate. The 14-business-day clock does not begin until the landlord has both possession of the unit and your forwarding address.
Eviction in Tempe must follow the formal legal process established by the Arizona Residential Landlord and Tenant Act. Landlords may not use self-help methods — changing locks, removing belongings, or shutting off utilities — to force a tenant out. Doing so is illegal under A.R.S. § 33-1367 and exposes the landlord to double-damages liability.
Step 1 — Written Notice: Before filing for eviction, a landlord must serve a written notice on the tenant. The type and length of notice depends on the reason for eviction:
Step 2 — Filing a Complaint: If the tenant does not comply with the notice, the landlord may file a Complaint in Forcible Entry and Detainer (FED) with the Tempe Justice Court or the applicable Maricopa County Justice Court. The court will schedule a hearing, typically within 3–6 business days of filing.
Step 3 — Court Hearing: Both the landlord and tenant have the right to appear and present evidence. Tenants may raise defenses including retaliation (A.R.S. § 33-1381), improper notice, habitability failures, or that the claimed violation did not occur. If the judge rules in the landlord's favor, a Writ of Restitution may be issued.
Step 4 — Writ of Restitution: A constable or sheriff enforces the Writ of Restitution, which authorizes the physical removal of the tenant. A tenant may not be physically removed until this writ is issued and served by a law enforcement officer — not by the landlord directly (A.R.S. § 33-1377).
Arizona does not require just cause for eviction of month-to-month tenants. However, a landlord cannot evict you in retaliation for exercising a legal right (A.R.S. § 33-1381). If you believe your eviction is retaliatory, assert this defense at your court hearing.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, or any other legal matter involving your housing, you should consult a licensed Arizona attorney or contact a qualified legal aid organization. RentCheckMe makes reasonable efforts to keep this content accurate and up to date, but we cannot guarantee that all information reflects the most current state of the law as of the date you read it. Always verify the current statutes directly at the Arizona State Legislature website (azleg.gov) or with a legal professional.
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