Ariz. Rev. Stat. § 33-2104
Unconscionability
Operative Text
A. If a court, as a matter of law, finds that: 1. A rental agreement or any provision of a rental agreement was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result. 2. A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision or limit the application of any unconscionable provision to avoid any unconscionable result. B. If unconscionability is put into issue by a party or by the court on its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
Under A.R.S. § 33-2101 et seq. § 33-2104, Arizona law gives courts the authority to address rental agreements or settlements that were fundamentally unfair at the time they were made. A court may decline to enforce such an agreement entirely, strike only the offending provision while keeping the rest intact, or narrow the provision's reach to prevent an unjust outcome. When unconscionability is raised—whether by a party or by the court itself—both sides have the right to present evidence about the circumstances, intent, and effects of the agreement.
Plain English — not legal advice.
Property owners and managers operating under Arizona law should be aware that A.R.S. § 33-2101 et seq. § 33-2104 empowers courts to void or modify lease terms or settlements found to be unconscionable at the time of signing. Compliant operators generally ensure that lease provisions are clear, mutually understood, and not so one-sided as to shock the conscience of a reviewing court. Reviewing lease templates with a qualified attorney for fairness and transparency is a common practice among operators seeking to minimize exposure under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-2101 et seq. § 33-2104 provides tenants with a legal basis to challenge rental agreement terms or settlement provisions that were grossly unfair when agreed upon. If unconscionability is raised in a court proceeding, tenants have the right to present evidence about the context and circumstances surrounding the agreement. Tenants who believe a lease term or settlement may qualify as unconscionable may wish to consult a tenant-rights organization or legal aid provider to understand the options available to them.
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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