Ariz. Rev. Stat. § 33-1308
Exclusions from application of chapter
Operative Text
Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter: 1. Residence at an institution, public or private, if incidental to detention, the provision of medical, educational, counseling or religious services or the provision of a social service program that is provided by a social service provider. For the purposes of this paragraph, "social service provider" means a private entity that directly assists an individual or family in obtaining housing and that offers to provide the individual or family with assistance in obtaining employment, child care, health care, education, skills training, transportation, counseling or any other related service. 2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest. 3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. 4. Transient occupancy in a hotel, motel or recreational lodging. 5. Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment in and about the premises. 6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative. 7. Occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation.
A.R.S. § 33-1308 identifies seven categories of living arrangements that fall outside the scope of Arizona's Residential Landlord and Tenant Act (A.R.S. § 33-1301 et seq.). These include institutional residences tied to detention or social services, occupancy under a contract of sale, fraternal organization housing, transient hotel or motel stays, employee housing tied to job duties, condominium ownership or cooperative leases, and public housing governed by separate state or federal law. The exclusions apply only when the arrangement is genuine and not structured specifically to sidestep the chapter's protections.
Plain English — not legal advice.
Property owners and managers should be aware that A.R.S. § 33-1308 carves out specific living arrangements from the protections of A.R.S. § 33-1301 et seq., meaning the standard landlord-tenant rules do not automatically apply to those situations. Operators of hotels, employee housing, or social-service residential programs generally document the nature of the arrangement clearly so that the basis for any exclusion is transparent. Arrangements that appear designed primarily to avoid tenant protections rather than to reflect a genuine alternative housing type may still be subject to the chapter's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1308 lists the types of occupancy that are not covered by Arizona's Residential Landlord and Tenant Act (A.R.S. § 33-1301 et seq.), which means residents in those categories may not have access to the same statutory rights as conventional tenants. If a resident believes their arrangement was structured to look like an excluded category in order to avoid tenant protections, the chapter may still apply, and raising that issue is a recognized avenue under the statute. Tenants uncertain about whether their housing falls within or outside these exclusions may find it helpful to contact a local tenant-rights organization or legal aid office for general information.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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