Ariz. Rev. Stat. § 33-1323

Landlord to supply possession of dwelling unit

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/8/2026ArizonaLease Requirements

Operative Text

Ariz. Rev. Stat. § 33-1323
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.
Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Oct 8, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

A.R.S. § 33-1324
Not yet ingested
A.R.S. § 33-1375
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 8, 2026, 09:56 PM UTC