Leases and the Arizona Residential Landlord and Tenant Act
Two printed areas sit here: leases and leasehold estates (5 items) and area XVII, which is headed 'Commercial leasing and building terminology' but whose only lettered subtopic is the Arizona Residential Landlord and Tenant Act, carrying all 3 of its items. Study the subtopic, not the heading.
Leasehold estates and lease types
An estate for years runs for a definite term and ends without notice; a periodic tenancy renews until notice is given; a tenancy at will may be ended by either party at any time. Under a gross lease the landlord absorbs operating expenses out of the rent, while net leases push taxes, insurance and maintenance onto the tenant. A percentage lease sets rent from the tenant's gross sales, and a ground lease leases land long term so the tenant can build on it.
Deposits and the deposit accounting
A landlord may not demand or receive security, however denominated and including prepaid rent, of more than one and one-half month's rent (A.R.S. 33-1321(A)). Any fee or deposit not designated non-refundable in writing is refundable. Within fourteen days, excluding Saturdays, Sundays and legal holidays, after termination, delivery of possession and the tenant's demand, the landlord must give an itemised list of deductions and any amount due; failure exposes the landlord to twice the amount wrongfully withheld.
Access, breach and termination notices
Except in an emergency or where impracticable, a landlord must give at least two days' notice before entering and enter only at reasonable times (A.R.S. 33-1343(D)). Material noncompliance generally carries a ten-day notice and ten days to cure, while a health-and-safety breach carries five days. A week-to-week tenancy is ended on ten days' written notice and a month-to-month tenancy on thirty days' written notice (A.R.S. 33-1375).
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State-specific details
State exam facts
- State regulator
- Arizona Department of Real Estate (ADRE)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 hours of ADRE-approved broker education
- Passing score
- 75%
- Scored questions
- 180
- Time limit
- 315 minutes
Who regulates real estate brokers in Arizona?
The Arizona Department of Real Estate (ADRE) licenses brokers and salespersons. ADRE contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Arizona broker exam?
A.R.S. § 32-2124(A)(1) requires an original broker applicant to have been an active licensed real estate salesperson or broker for at least three years during the five years immediately preceding application — the statute counts active licensure, not hours worked, so there is no full-time test. The applicant must also complete a 90-classroom-hour broker course at a commissioner-certified school and pass an examination on it (§ 32-2124(C)); the 27-hour Arizona-specific portion of that course cannot be waived. Under § 32-2136 a broker management clinic consists of three courses of three hours each, and an original broker license applicant must attend one before activating the license.
How is the Arizona broker exam structured?
The Arizona broker exam is administered by Pearson VUE with 180 scored questions (plus 15 unscored pretest items) over about 5 hours 15 minutes, and a score of 75% or higher is required to pass.
Sources: https://azre.gov, https://www.pearsonvue.com/us/en/az/realestate.html
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