Title 33, Property
24 chapters · 544 sections in this title.
A.R.S. § 33-343 Premises rendered untenantable without fault of lessee; nonliability of tenant for rent; right to quit premises
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The lessee of a building which, without fault or neglect on the part of the lessee, is destroyed or so injured by the elements or any other cause as to be untenantable or unfit for occupancy, is not liable thereafter to pay rent to the lessor or owner unless expressly provided by…
A.R.S. § 33-361 Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement; notice and pleading requirements
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A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the agent of the landlord or person to whom the rent is due, may reenter and take posse…
A.R.S. § 33-362 Landlord's lien for rent
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A. The landlord shall have a lien on all property of his tenant not exempt by law, placed upon or used on the leased premises, until the rent is paid. The lien shall not secure the payment of rent accruing after the death or bankruptcy of the lessee, or after an assignment for th…
A.R.S. § 33-381 Limitation
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This chapter shall apply to all landlord-tenant relationships except for landlord-tenant relationships arising out of the rental of dwelling units which shall be governed by chapter 10 or 11 of this title.
A.R.S. § 33-401 Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects
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A. No estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall be conveyed unless the conveyance is by an instrument in writing, subscribed and delivered by the party disposing of the estate, or by his agent thereunto authorized by writin…
A.R.S. § 33-402 Forms for conveyances; quit claim; conveyance; warranty; mortgage
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The following or other equivalent forms varied to suit circumstances are sufficient: 1. To quit claim: For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it). 2. To convey: For the consideration of _____…
A.R.S. § 33-403 Easement description; validity
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Notwithstanding any other provision of law, the description of easements and rights-of-way for public service corporation, telecommunications corporation or cable television system purposes reserved or conveyed in a conveyance document or other instrument executed prior to Septem…
A.R.S. § 33-404 Disclosure of beneficiary; recording; failure to disclose
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A. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which is executed after June 22, 1976 in which the grantee is described as a trustee or acts as a trustee shall disclose the names an…
A.R.S. § 33-405 Beneficiary deeds; recording; definitions
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A. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated gra…
A.R.S. § 33-406 Disclosure of transportation of water to property by motor vehicle or train; definition
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A. Notwithstanding section 33-411, subsection D, a subdivider who sells a lot that was included in a plat approved by the legislative body of a city or town pursuant to an exemption authorized by section 9-463.01, subsection K or by the board of supervisors of a county pursuant t…
A.R.S. § 33-411 Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception
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A. No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located.…
A.R.S. § 33-411.01 Recording real estate documents; indemnification by transferor
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Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer. In lieu thereof, the transfer…
A.R.S. § 33-412 Invalidity of unrecorded instruments as to bona fide purchaser or creditor
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A. All bargains, sales and other conveyances whatever of lands, tenements and hereditaments, whether made for passing an estate of freehold or inheritance or an estate for a term of years, and deeds of settlement upon marriage, whether of land, money or other personal property, a…
A.R.S. § 33-413 Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor
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No covenant or agreement made in consideration of marriage shall be valid against a purchaser for valuable consideration, or a creditor not having notice thereof, unless the covenant or agreement is duly acknowledged and recorded in the manner and form required for deeds and othe…
A.R.S. § 33-414 Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment
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A. Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder of the county in which the property or part thereof is located, and until recorded, the judgment shall not be received in evidence in support of any rig…
A.R.S. § 33-415 Recording of master mortgages; including master mortgage provisions by reference in other mortgage
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A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not required to be acknowledged or proved or certified to be recorded or entitled to be recorded. Such mortgages shall have noted upon the face ther…
A.R.S. § 33-416 Record of instrument duly recorded as notice
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The record of a grant, deed or instrument in writing authorized or required to be recorded, which has been duly acknowledged and recorded in the proper county, shall be notice to all persons of the existence of such grant, deed or instrument, but a mortgage of real property may b…
A.R.S. § 33-417 Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913
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A. The execution, acknowledgment, form or record of a conveyance or other instrument, shall depend for its validity and legality upon the laws in force when the act was performed. B. Conveyances of real property made and acknowledged according to laws in force in this state at th…
A.R.S. § 33-418 Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico
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A. Deeds or other conveyances recorded prior to January 1, 1865 in the office of any probate court in the state may be transcribed from the records of such court by the county recorder, and records of conveyance of lands within this state heretofore recorded in the state of New M…
A.R.S. § 33-419 Effect of record as notice of instrument affecting land located in subsequently created county
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Where an instrument has been recorded in the proper county, and any property conveyed or encumbered by the instrument is located within another county subsequently created, the prior record shall not be thereby invalidated or in any manner affected, but shall still continue to be…
A.R.S. § 33-420 False documents; liability; special action; damages; violation; classification
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A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a ma…
A.R.S. § 33-420.01 Suspension of line of credit; payoff demand statement; definitions
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A. A secured lender under a revolving line of credit against real property shall suspend the revolving line of credit for a minimum of forty-five days on receipt of a request for a payoff demand statement as defined in section 33-715 from an escrow agent who is licensed pursuant …
A.R.S. § 33-421 Recording of liens
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A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecti…
A.R.S. § 33-422 Land divisions; recording; disclosure affidavit
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A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the prop…
A.R.S. § 33-423 Disclosure; reports; indemnity; applicability; violation; classification
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A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or inf…
A.R.S. § 33-424 Representation of legal requirement; enforcement; private action; damages; violation; classification
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A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following: 1. That such a disclosure report is required by any law to be purchased. 2. That a buyer…
A.R.S. § 33-431 Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship
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A. Except as otherwise provided in this section, all grants and devises of real property made to two or more persons create estates in common and not in joint tenancy, except grants or devises in trust, or to executors, or to husband and wife. B. A grant or devise to two or more …
A.R.S. § 33-432 Presumption of intention to convey fee
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A. Every estate in lands granted, conveyed or devised, although other words necessary at common law to transfer an estate in fee simple are not added, shall be deemed a fee simple if a lesser estate is not limited by express words or does not appear to have been granted, conveyed…
A.R.S. § 33-433 Effect of alienation purporting to pass greater right than possessed by person making alienation
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Alienations of real property, made by any person purporting to pass or assure a greater right or estate than such person may lawfully pass or assure, shall operate as alienations of as much of the right and estate in the lands, tenements or hereditaments as the person might lawfu…
A.R.S. § 33-434 Covenants between purchaser and seller
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No person shall be obliged to insert the covenant of warranty, or restrained from inserting any clause in a conveyance which is deemed proper and advisable by the purchaser and seller, and forms not contravening laws of the land shall not be invalidated.
A.R.S. § 33-434.01 Seller's duty to disclose; soil remediation; definition
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A. An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge th…
A.R.S. § 33-435 Covenants implied from word "grant" or "convey"
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A. If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied…
A.R.S. § 33-436 Effect of insubstantial conditions in conveyance
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When a condition annexed to a grant or conveyance of land is merely nominal and without actual and substantial benefit to the party to whom or in whose favor it is to be performed, it may be wholly disregarded, and a failure to perform the condition shall not forfeit the lands co…
A.R.S. § 33-437 Defective conveyance as contract to convey
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When an instrument in writing, intended as a conveyance of real property or some interest therein, fails wholly or in part to take effect as a conveyance by virtue of the provisions of this chapter, it is valid nevertheless and effectual as a contract upon which a conveyance may …
A.R.S. § 33-438 Sale of property subject to certain liens and encumbrances
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A. As used in this section, "lien or encumbrance" does not include taxes or assessments, reservations in patents, easements, rights-of-way, reservation of mineral rights, covenants, conditions or restrictions. B. The sale of any lot or parcel of property which is subject to a lie…
A.R.S. § 33-439 Restrictions on installation or use of solar energy devices invalid; exception
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A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in sectio…
A.R.S. § 33-440 Enforceability of private covenants; amendment of declaration; definitions
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A. An owner of real property may enter into a private covenant regarding that real property and the private covenant is valid and enforceable according to its terms if all of the following apply: 1. The private covenant is not prohibited by any other existing private covenant or …
A.R.S. § 33-441 For sale signs; restrictions unenforceable
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A. A covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of any interest in real property shall not be applied to prohibit the indoor or outdoor display of a for sale sign and a sign rider by a …
A.R.S. § 33-442 Prohibition on transfer fees; exceptions; definitions
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A. A provision in a declaration, a covenant or any other document relating to real property in this state is not binding or enforceable against the real property or against any subsequent owner, purchaser, lienholder or other claimant on the property if it purports to do both of …
A.R.S. § 33-443 Prohibition against land ownership; foreign adversary nation or agent; enforcement; violation; classification; definitions
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A. Notwithstanding any other law and except as provided in subsection F of this section, a foreign adversary nation or a foreign adversary agent may not, directly or indirectly, purchase, own, acquire by grant or devise or otherwise obtain a substantial interest in real property …
A.R.S. § 33-451 Conveyance of separate property
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Married persons of the age of eighteen years or more may convey their separate property without being joined by the spouse in the conveyance.
A.R.S. § 33-452 Conveyance of community property
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A conveyance or incumbrance of community property is not valid unless executed and acknowledged by both husband and wife, except unpatented mining claims which may be conveyed or incumbered by the spouse having the title or right of possession without the other spouse joining in …
A.R.S. § 33-453 Conveyance of homestead
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The homestead of a family shall not be conveyed or encumbered by a spouse without consent of the other spouse. The consent shall be evidenced by each spouse joining in the conveyance by signing their names thereto, and also by acknowledgment thereof. Consent of a nonowner spouse …
A.R.S. § 33-454 Power of attorney from one spouse to the other to execute instruments relating to property
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Either husband or wife may authorize the other by power of attorney, executed and acknowledged in the manner conveyances of real property are executed and acknowledged, to execute, acknowledge and deliver, in his or her name and behalf, any conveyance, mortgage or other instrumen…
A.R.S. § 33-455 Conveyance of absolute title by judicial sale; effect upon rights of persons not parties
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Every conveyance of real property by a commissioner, sheriff or other officer legally authorized to sell such property by virtue of a decree or judgment of any court within this state, shall be effectual to pass absolute title to the property to the purchaser thereof, but the con…
A.R.S. § 33-456 Passage of title to real or personal property by judgment
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When a judgment directs the conveyance of real property or the delivery of personal property, the judgment shall pass title to such property without any act by the party against whom the judgment is given.
A.R.S. § 33-457 Fraudulent representation by married person of ability to convey realty; classification
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A married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage real estate, when the validity of the sale or mortgage requires the assent or concurrence of the wife or husband, and, under such representations, knowingly conveys or mor…
A.R.S. § 33-458 Resale of realty with intent to defraud; classification
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A person who, after selling, bartering or disposing of, or, after executing a bond or agreement for the sale of land, again knowingly and with intent to defraud previous or subsequent purchasers, sells, barters or disposes of, or executes a bond or agreement to sell, barter or di…
A.R.S. § 33-511 Acknowledgment within the state
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The acknowledgment of any instrument may be made in this state before: 1. A judge of a court of record. 2. A clerk or deputy clerk of a court having a seal. 3. A recorder of deeds. 4. A notary public. 5. A justice of the peace. 6. A county recorder.
A.R.S. § 33-512 Acknowledgment by a married woman
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An acknowledgment of a married woman may be made in the same form as though she were unmarried.