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Evicting a Residential Tenant in Arizona - Gottlieb Law
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Evicting a Residential Tenant in Arizona
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Gottlieb Law, PLC provides this article for informational purposes only. It does not constitute legal advice, nor does reading it create an attorney-client relationship. Because eviction law is technical and fact-specific, you should consult qualified legal counsel before taking any action in reliance on the information discussed here. Statutes and court rules may change, and the application of the law can vary based on the circumstances of each matter.


Evicting a tenant in Arizona requires precision, clear documentation, and an understanding of strict statutory timelines. This guide explains how the process generally works as we move into 2026 so landlords know what to expect before taking action. Arizona’s eviction process is governed primarily by the Arizona Residential Landlord and Tenant Act (“ARLTA”) and the Arizona Rules of Procedure for Eviction Actions (“RPEA”).  The process is time-sensitive and strictly procedural.  Generally, three elements determine whether an eviction filing is valid:

  1. Issuing the correct statutory notice,
  2. Waiting the full legally required period, and
  3. Properly serving both the notice and the eviction action.

Failure to comply with any of these requirements may delay the matter or result in dismissal.

Gottlieb Law assists Arizona landlords in navigating their obligations under ARLTA and the RPEA, including compliance with relevant statutes such as A.R.S. §§ 33-1324, 33-1368, and 33-1377, and ensuring that each step of the process is handled in accordance with the applicable legal standards.

When You Can Pursue an Eviction and the Notices Involved

Arizona law recognizes several legal grounds for eviction, and each category has its own specific statutory notice and waiting period. The requirements are technical, time-sensitive, and strictly enforced by the courts. The following is a general overview only, and landlords should consult counsel before issuing any notice or taking any action, as the proper classification and procedure depend heavily on the facts.

Nonpayment of Rent

For unpaid rent, Arizona law generally requires that the landlord provide a 5-Day Notice for nonpayment before an eviction action can be filed. The timing rules are precise, and courts require that the full statutory period expire before filing.

Material Noncompliance (Not Related to Health or Safety)

For lease violations that are not health- or safety-related, the statute typically requires a 10-Day Notice to allow the tenant an opportunity to cure. Whether a violation qualifies as “material” or “curable” is fact-specific and often disputed.

Health and Safety Violations

When a tenant’s conduct affects health or safety, A.R.S. § 33-1368(A) generally allows a 5-Day Notice. Precise wording and proper factual classification are essential because courts distinguish carefully between categories.

Immediate and Irreparable Breach

For conduct considered “immediate and irreparable” under Arizona law—often involving criminal or dangerous activity—an immediate termination notice may be permitted.  These cases are highly sensitive and often require careful evaluation to determine whether the facts legally meet this standard.

Notice Forms 

Some Arizona courts provide standard notice templates, such as those available through the Maricopa County Justice Courts, for example. These forms help reduce the risk of improper wording; however, using a court form alone does not ensure legal sufficiency, as the facts, service method, and timing must still comply with statute and case law.  Further, the legal strategy behind an eviction can change based on the specific circumstances and it is imperative the correct legal strategy is employed.  Many landlords choose to have legal counsel prepare or review notices to avoid defects that could delay or dismiss a case and also to assist with the eviction process itself.

Critical Pre-Filing Considerations

Before initiating an eviction action, landlords should ensure that all statutory prerequisites are satisfied. Issues frequently raised in court include:

  • Whether the correct notice was served and whether the full statutory waiting period has elapsed.

  • Whether partial rent was accepted, and if so, whether a proper written reservation of rights under A.R.S. § 33-1371 was issued.  Failure to reserve rights may waive the violation

  • Whether the landlord’s own maintenance and habitability obligations under A.R.S. § 33-1324 are current.  Tenants may raise habitability defenses that can halt or complicate the eviction process.

Because each case is fact-dependent and procedural mistakes can be costly, landlords often avoid self-help approaches and instead obtain legal guidance before serving notices or filing.

Filing an Eviction Case in Arizona

Residential eviction actions, commonly referred to as special detainer or forcible detainer actions, are generally filed in the Justice Court precinct where the rental property is located, but may also be filed in superior court if the jurisdiction requirements are met.  Although the statutory and rule-based requirements may appear straightforward, eviction filings involve precise documentation, strict deadlines, and mandatory procedural steps. Errors at the filing stage can delay the case or result in dismissal.

Landlords typically need to provide the court with supporting documents, such as the lease, notices, service records, and payment history. The specific documents required will depend on the facts of the case and the type of violation alleged.

The RPEA requires expedited scheduling.  Hearings are typically set three to six days after the summons is issued, which leaves little room for error.  The summons and complaint must be served on the tenant at least two days before the hearing.  (Courts offer additional guidance on the Arizona Courts Eviction Actions resource page.)

Because of the accelerated timelines and the potential consequences of an incorrect filing, many landlords choose to have legal counsel prepare and submit the required materials.

Service of Process Requirements

Service of process is one of the most common areas where eviction cases encounter problems. Under the RPEA and A.R.S. § 33-1377, the tenant must be properly served with the complaint and summons at least two days before the hearing.  Personal service is typically preferred, although alternative service may be allowed under certain circumstances if approved by the court.

Courts strictly enforce service requirements.  If service is defective or untimely, the case may be delayed or dismissed.  Legal guidance is often helpful in determining the appropriate method of service, especially when tenants are difficult to locate or avoid service.

What the Court Reviews at the Hearing

Eviction hearings in Arizona are fast-paced, evidentiary proceedings.  At the hearing, the landlord must be prepared to establish multiple elements, including:

  • The court has jurisdiction and venue is proper
  • A valid rental agreement exists
  • The correct notice was issued and the statutory waiting period was met
  • A qualifying breach of the lease or statute occurred
  • The amount owed, if applicable
  • That no waiver occurred through acceptance of rent or other conduct

Tenants may raise a range of statutory or factual defenses, including allegations of defective notice or service, habitability concerns under A.R.S. § 33-1324, claims of retaliation, or disputes over the amount owed.

Because hearings are typically brief, detailed preparation is critical.  Justice Courts rarely grant continuances longer than three days absent good cause, which further underscores the importance of having the case properly prepared before the initial hearing date.

Judgment and Possession

If the court enters judgment for the landlord in an eviction case, the court may award possession of the property and, where supported by the evidence and allowed by law, unpaid rent, late fees, court costs, and reasonable attorney’s fees.

The Writ of Restitution is the court order that authorizes law enforcement to restore possession to the landlord by removing the tenant if they do not vacate voluntarily.  In most standard cases, the writ generally does not issue until at least five calendar days after judgment, while cases involving an immediate and irreparable breach may proceed on a shorter timeline.  The Maricopa County Justice Courts Evictions Hub, for example, provides more detail on local procedures and forms for cases in Maricopa County.

Tenants typically have a short window (often five days from judgment) to file an appeal, and certain post-judgment motions or bond requirements may apply.  Because these deadlines are strict, both landlords and tenants benefit from legal advice soon after judgment is entered.

Special Categories of Evictions

Certain situations fall under special statutory rules that differ from standard residential evictions.

Mobile Home Parks and RV Spaces

Mobile home parks and RV spaces are governed by separate statutes with different timelines, notice requirements, and remedies than the standard Arizona Residential Landlord and Tenant Act. The Arizona Courts Eviction resources outline these distinctions, and landlords should seek counsel before acting in these areas.

Domestic Violence Protections

Under A.R.S. § 33-1318, tenants who are victims of domestic violence may have additional rights, including the ability in some circumstances to change locks or terminate a lease early. These cases can be complex and emotionally charged, and landlords should obtain legal guidance before taking any action that might implicate domestic violence protections.

Utility and Habitability Issues

When disputes involve loss of essential services (such as air conditioning, water, or electricity), tenants may assert habitability defenses under A.R.S. § 33-1324.  Arizona law continues to require landlords to maintain a habitable property, even during an eviction dispute. Mishandling these issues can impact both liability exposure and the outcome of the eviction case.

Common Pitfalls in Arizona Eviction Cases

Eviction actions frequently fail or are delayed because of technical or procedural missteps, such as:

  • Filing the case before the full notice period has expired
  • Using the wrong notice type for the alleged breach
  • Accepting partial rent without a proper reservation of rights under A.R.S. § 33-1371
  • Serving the summons and complaint too close to the hearing date under the RPEA
  • Requesting a writ of restitution before the statutory time period has run

A consistent, documented process, ideally reviewed by counsel, is often the best protection against these problems.

Key Stages in an Arizona Eviction (What Landlords Should Understand)

Arizona evictions move quickly and are heavily driven by statutory notices, deadlines, and documentation. Rather than treating the process as a do-it-yourself checklist, landlords should understand the main stages where the law is strict and where counsel is most helpful:

  • Identifying the Breach and Legal Basis: Classifying the issue correctly (nonpayment, material noncompliance, health and safety, immediate and irreparable breach, etc.) determines which statute applies and what notice and timelines are required.

  • Issuing and Serving the Proper Notice: The wording, method of service, and waiting period must all comply with the ARLTA and RPEA.  Filing even a day early can result in dismissal.

  • Avoiding Waiver and Ensuring Maintenance Compliance: Accepting partial rent without a proper reservation of rights under A.R.S. § 33-1371, or falling behind on habitability obligations under A.R.S. § 33-1324, can create defenses that complicate or derail the case.

  • Filing in the Correct Court with Proper Documentation: Residential evictions are typically filed as special detainer actions in the appropriate Justice Court precinct, with supporting documents such as the lease, notices, proof of service, and rent ledger.

  • Complying with Service of Process and Hearing Timelines: The summons and complaint must be served according to the RPEA and A.R.S. § 33-1377, and within the required timeframe before the hearing. Hearings are set quickly, and continuances are limited.

  • Presenting Evidence at the Hearing: Landlords must be prepared to prove the existence of the lease, proper notice and service, breach, amounts claimed, and that no waiver occurred, while also responding to any defenses the tenant raises.

  • Handling Post-Judgment Issues and Writ Timing: If judgment is granted, the landlord may pursue a writ of restitution to regain possession, subject to statutory waiting periods and any appeal-related deadlines.

For more detailed statutory and rule references, landlords can review Arizona Courts – Eviction Rules, and the Maricopa County Justice Courts – Evictions Hub (for Maricopa County cases), and should consult legal counsel before acting.

Frequently Asked Questions

How many days until a lockout after judgment?

In many standard residential cases, the writ of restitution generally may issue about five calendar days after judgment, subject to the applicable statutes, rules, and any appeal or stay. Cases involving an alleged immediate and irreparable breach may proceed on a shorter timeline. Because timing is critical and fact-specific, landlords should confirm the applicable waiting period with counsel before requesting a writ.

Can a landlord accept partial rent during an eviction?

Accepting partial rent during the eviction process can, in some circumstances, be argued as a waiver of the breach. A.R.S. § 33-1371 allows landlords, in certain situations, to accept partial payments while reserving rights in writing. Because waiver issues are very fact-dependent, landlords should speak with an attorney before accepting any payment after serving a notice.

Do landlords have to repair air conditioning or other essentials during an eviction?

Generally, a landlord’s duty to maintain a habitable property under A.R.S. § 33-1324 continues throughout the landlord-tenant relationship, including during an eviction dispute.  Problems involving air conditioning, water, or other essential services may also form the basis of tenant defenses or counterclaims, so they should be evaluated carefully with counsel.

When to Involve Counsel

Even what appears to be a straightforward eviction can quickly become complex if a tenant raises defenses related to:

  • Habitability and repairs,
  • Retaliation or discrimination,
  • Subsidized or voucher housing rules,
  • Domestic violence protections, or
  • Procedural defects in notice, timing, or service.

Gottlieb Law’s attorneys assist Arizona landlords at every stage of the process, starting with evaluating the facts and preparing notices, continuing through filing and appearing in court, and concluding with the resolution of post-judgment issues, with a consistent focus on compliance with ARLTA, the RPEA, and all applicable local rules.

Schedule Your Eviction Readiness Consultation

Mistakes in timing, notice, or service can cause weeks of delay, increased costs, and, in some cases, dismissal of the action. To help landlords spot and address issues before filing, Gottlieb Law offers an eviction readiness consultation that can review:

  • Your proposed notice strategy and language,
  • Statutory waiting-period and timing considerations,
  • Your service of process plan, and
  • Key court documents and evidentiary issues.

Call us at 602-899-8188 or use our Contact Us page to schedule an initial consultation with our firm.

Gottlieb Law, PLC provides this article for informational purposes only. It does not constitute legal advice, nor does reading it create an attorney-client relationship. Because eviction law is technical and fact-specific, you should consult qualified legal counsel before taking any action in reliance on the information discussed here. Statutes and court rules may change, and the application of the law can vary based on the circumstances of each matter.

Using Arizona County Property Title Alerts - Gottlieb Law
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Why Every Arizona Property Owner Should Use Title Alerts
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Do not act or rely on this information without consulting qualified legal counsel. Laws change frequently, and only a licensed attorney can provide advice specific to your circumstances.


According to a Fox10 local news story in Phoenix, a recent Scottsdale case brought renewed attention to deed-related fraud attempts in Arizona.  The story spread quickly across local news.  Local news outlets and police reports described an incident in which two individuals allegedly used forged documents in an effort to list and sell a home they did not own. The legitimate owner discovered the activity early, but without quick intervention, the property could have been sold, encumbered, or otherwise affected before anyone realized something was wrong.

Although outright “title theft” is rare, fraudulent attempts involving forged deeds, impersonation, and falsified ownership documents do occur—especially in markets with high demand, rapid appreciation, or a large number of part-time or absentee owners. These circumstances can make Arizona properties appealing targets for individuals seeking to transfer ownership or authorize a sale without the true owner’s knowledge.

Fortunately, many Arizona counties now offer a title alert service that provides property owners with prompt notice when a document is recorded under their name. While these alerts cannot prevent a fraudulent recording from being submitted, they can give owners rapid notice so they can investigate and, if necessary, take legal action as quickly as possible.

This article explains why these alerts matter, how to sign up in Arizona’s largest counties, what to look for in the notifications, and why early action can keep a recording issue from becoming a much more significant legal problem.  For readers seeking deeper analysis of real-estate fraud issues, here are some of our recent resources:


The Scottsdale Alleged Fraud Attempt: A Real Wake Up Call

In the alleged recent Scottsdale incident, the suspects allegedly used falsified documents to impersonate the property owner. They then attempted to present the home as their own and move forward with a sale. This type of deed-related fraud is possible because county recorder offices are generally required to accept and record documents that meet statutory formatting requirements. Recorders generally cannot investigate authenticity, verify signatures, or determine whether identification is legitimate.

Once a fraudulent instrument is recorded, the individual responsible may attempt to sell the property, obtain financing, place liens, or transfer it to another entity. Many victims do not learn of the issue until long after the document is recorded and the scam has progressed. Title alerts help by providing an early warning signal when prompt intervention is still possible.

How Maricopa County Title Alert Protects You

Maricopa County offers a Title Alert service that sends a notification whenever a document is recorded containing a name you register. The system monitors the exact names you enter and alerts you by email or text when a deed, lien, release, or other document is filed that includes that name.

Title alerts may capture recordings such as:

  • Warranty deeds
  • Quitclaim deeds
  • Liens
  • Deeds of trust
  • Affidavits that affect title
  • Other documents containing the name you registered

If someone attempts to transfer or encumber your property without authorization, you will receive near-real-time notice.

Signing up is straightforward. Visit the Maricopa County Recorder’s Title Alert page, enter your name (including variations), and include the names of any trusts, LLCs, or other entities that hold title to your property. Choose email or text notifications, complete the confirmation steps, and the system will begin monitoring immediately.

It is important to understand what Title Alert does—and does not—do. The service does not prevent a forged document from being recorded and cannot confirm whether a document is valid. It also does not replace a title search, title insurance, or legal advice. What it provides is time. Early notice allows property owners to address a suspicious recording while corrective options are still available.

Title Alerts in Arizona’s Other Largest Counties

Property owners outside Maricopa County or those who own property in several counties should enroll in all available alert programs.  Several Arizona counties offer alert or recording-notification tools in Arizona.  If you want to sign up an alert service in your county, you should confirm your county offers this service and also confirm the scope of the title alert service.  You should also consult an attorney if any questions about this process. These alert systems generally notify you when a document containing the registered name is recorded, but they do not guarantee that every document affecting a property will trigger an alert.

Who Should Use Title Alerts

Title alerts are easy to use and beneficial for nearly any property owner. They are especially valuable for individuals at higher risk of deed-related fraud attempts.

Homeowners should consider enrolling if the property is:

  • vacant or only occasionally occupied
  • a seasonal or part-time residence
  • owned free and clear
  • held long-term with minimal day-to-day oversight

Out-of-state owners and older owners may face increased exposure because scammers often target properties with substantial equity or limited on-site monitoring.

Home buyers can monitor the seller’s name during escrow to detect unexpected liens, transfers, or ownership changes before closing. If an unexpected recording appears during inspection or closing, it should be investigated promptly with the escrow officer, title company, or legal counsel.

Investors and landlords benefit from alerts on multiple properties, LLCs, and trust names. Vacant rentals, inherited property, and entity-owned homes can sometimes be targeted in fraudulent transfer schemes.

Realtors and title professionals can recommend these alert systems to clients as a best practice and may use them to verify that a seller’s ownership status has not changed during the transaction period.

Early Warning Signs of Title Fraud

While title alerts provide early notice of new recordings, homeowners should also stay alert for other potential red flags. Common indicators include:

  • A document recorded on your property that you do not recognize
  • Your property being listed online for sale or rent without your involvement
  • Notices of loans, liens, or mortgages you did not authorize
  • Mail addressed to someone else as the owner
  • Individuals attempting to access, occupy, or claim the property
  • Pressure to bypass normal escrow, title, or verification procedures during a transaction

Our recent articles on multi party real estate fraud and fraudulent misrepresentation provide additional examples of how these schemes can occur in Arizona.

What To Do If You Receive a Title Alert

If you receive an alert, do not ignore it. Open the notification and use the county search tool to view the recorded document. Look for names, signatures, or legal descriptions that you do not recognize. If anything appears suspicious, contact a real estate attorney immediately. It is often possible to challenge or void a fraudulent recording before it disrupts financing, closing timelines, or lawful ownership rights.

Contact your title insurer as well if the new recording might interfere with a past or ongoing transaction. Report suspected fraud to the County Recorder and to law enforcement. Do not try to contact the suspected scammer yourself.

Responding right away can be the difference between a quick fix and months of litigation.

Why Alerts Alone Are Not Enough

Title alerts are powerful, but they do not replace the need for traditional protections. Homeowners should still rely on proper title insurance, professional title searches, reputable escrow services, and attorney review for unusual transactions. Think of title alerts as a first layer of defense.

For deeper insight into how fraudulent filings are challenged or reversed, readers can explore Gottlieb Law’s recent article on Arizona’s landmark foreclosure fraud lawsuit.

How Gottlieb Law Helps With Title Problems and Property Fraud

Real estate fraud moves quickly, and prompt legal action is essential. Gottlieb Law represents homeowners, buyers, investors, and businesses in disputes involving forged documents, fraudulent deeds, quiet title actions, escrow disputes, and multi party fraud schemes. If you receive a title alert, discover an unfamiliar recording, or suspect fraud of any kind, an early consultation can help you understand your options and prevent serious complications.

Final Thoughts on Title Fraud and Alerts

This recent case in Scottsdale shows how fast property fraud can unfold in Arizona. These title alerts are a straightforward way for any homeowner to safeguard their ownership. If you own property in Arizona, take a moment to register your property and name today. If anything looks unusual, the real estate attorneys at Gottlieb Law are here to help.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

 

Arizona 2025 Reforms LLC Filing Requirements - Gottlieb Law
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Arizona Corporation Commission’s 2025 Reforms: Preventing LLC Fraud
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Do not act or rely on this information without consulting qualified legal counsel. Laws change frequently, and only a licensed attorney can provide advice specific to your circumstances.


Arizona’s New Business Filing Rules Aim to Prevent LLC Fraud

Real estate transactions in Arizona move fast, but until now, the state’s business filing system hasn’t kept pace.  Following a surge in fraudulent LLC filings and ownership disputes, the Arizona Corporation Commission (ACC) has rolled out new 2025 rules that reshape how LLCs are formed, managed, and verified.

In recent years, bad actors have hijacked legitimate LLCs — sometimes by submitting a simple fraudulent filing.  Because the ACC traditionally functioned as a ministerial office (accepting documents without verifying accuracy), it became a target for identity theft, impersonation, and unauthorized ownership changes.  Many of those affected owned high-value real estate.

The fallout has been significant: failed escrows, delayed closings, and lenders backing out of deals due to uncertainty over ownership.  After extensive investigative reporting and pressure from business and real estate stakeholders, the ACC implemented sweeping 2025 reforms designed to strengthen Arizona’s business registry and reduce fraud.

What the ACC Actually Changed in 2025

Two Forms of ID Now Required for In-Person Business Filings

Beginning June 16, 2025, the ACC requires anyone filing in person on behalf of a business—whether for formation, amendment, or other entity record changes—to present two valid forms of identification. This applies to all in-person business filings handled through the Corporations Division.  These can be either two primary IDs (for example, a state-issued driver’s license and a passport) or one primary and one secondary form (such as a pay stub, voter registration card, or health-insurance card).

Approved law firm couriers and professional filing services are subject to separate ID verification procedures authorized by the ACC.

Remote ID verification will also be required once the Commission’s new online filing system launches later in 2025. According to draft ACC guidance, the remote process will likely involve secure upload of identification documents and live-photo or video confirmation checks to authenticate the filer’s identity.  For more details, refer to the ACC’s official announcement of the new policies to prevent business fraud in Arizona.

New Signing-Authority Form for LLCs

The ACC now permits current members or managers of an LLC to file an optional Signing-Authority Form. This document identifies non-members who are pre-authorized to file on the LLC’s behalf—such as attorneys, accountants, or trusted administrative staff.

Importantly, filing this form is entirely optional and does not alter or override the statutory authority of existing members or managers. It simply provides the ACC with a record against which to verify filings, reducing the risk of fraudulent or mistaken submissions by unauthorized third parties.

Dormant LLCs Face Administrative Dissolution

If an LLC has no filings for two consecutive years, the ACC will email the entity’s statutory agent each January requesting a simple attestation of existence.

If no response is received within 60 days, the LLC’s status will shift to “Pending Inactive.” This status does not immediately dissolve the company, but it signals the entity is at risk. If no corrective action is taken within the following 120 days, administrative dissolution will occur. Reinstatement after dissolution may require additional filings and fees.  

This attestation process will begin once the ACC’s new online filing portal is live, with the first batch of notices expected as early as January 2026, depending on the rollout of the ACC’s new online filing portal.  Now is the time to confirm that your statutory-agent email address and LLC contact information are accurate and up to date.

Custom Corporate Forms Now Allowed

Arizona corporations may now submit customized versions of their Annual Reports or Certificates of Disclosure, provided each filing includes the Arizona Corporation Commission’s official Guidance Worksheet. 

Filings that omit the worksheet will be rejected.

This policy gives corporate filers more flexibility in documenting disclosures, but it also raises the stakes for accuracy. Even when using custom formats, corporate filers must still meet all statutory disclosure requirements under the Arizona corporate code. Missing required content or formatting could result in rejection or delayed approval.  Any formatting or statutory-content errors could delay acceptance or approval, which may in turn impact pending transactions.

Practical Implications for Arizona Real-Estate Entities

These updates aren’t theoretical. For real-estate entities that use LLCs to hold or manage property, the 2025 ACC reforms have direct operational consequences.

  • Title and lending impacts: Expect title companies and lenders to scrutinize ACC records more closely. If your authorized signer isn’t on file—or your entity shows as “Pending Inactive”—your closing could be delayed or even denied.

  • Email and agent accuracy: The ACC’s attestation-of-existence notices are sent by email to each statutory agent. If that message goes unnoticed, your entity could move toward administrative dissolution, disrupting active deals.

  • Internal safeguards still matter: Even with these reforms, the ACC cannot prevent filings submitted by a legitimate member or manager, even if they are unauthorized internally. Your operating agreement and internal controls remain your first line of defense against mistaken or improper filings.

Risk-Management Playbook for Arizona Real-Estate Owners

The Arizona Corporation Commission’s 2025 reforms introduce new verification and recordkeeping requirements that every real-estate owner or investor should understand. Here’s how to stay protected and keep transactions running smoothly:

1. File the Signing-Authority Form Now

Designate a short, trusted list of individuals—such as your attorney, senior executives, or long-term administrative staff—to file on your behalf. Update the list whenever personnel or representation changes.

This helps prevent unauthorized or mistaken filings by third parties, vendors, or individuals misrepresenting authority.

2. Use In-Person Filings for Key Changes

Until the ACC’s remote ID verification system is live, in-person filings remain the most secure option. Bring valid identification, and ensure that your agent, courier, or runner understands the new two-ID requirement.

3. Build Dual-Approval Into Your Operating Agreement

Adopt a two-signer rule for sensitive actions—such as appointing a new statutory agent, transferring membership interests, or amending ownership records.

Dual approvals can prevent internal disputes and reduce exposure to unauthorized filings that could compromise control of the entity.

4. Monitor Your ACC Entity Records

Set up notifications through the ACC’s online portal or a reputable third-party monitoring service. Immediate alerts can help you detect and respond quickly to unexpected or unauthorized changes in your LLC records.

5. Align Title and Banking Signatures

Ensure your title company, escrow officer, and financial institutions have up-to-date signer information that matches what’s on file with the ACC. Mismatched records can stall or void transactions at critical stages of closing.

Special Situations Requiring Extra Attention

Certain ownership structures and investment models involve higher complexity under the new ACC policies:

  • Portfolio or Series LLC structures
  • Joint ventures with rotating or third-party managers
  • Dormant or distressed holding companies
  • Foreign-owned or out-of-state LLCs relying on service providers

Each of these situations presents unique legal and operational challenges.

Closing Table Checklist

To avoid surprises during your next real estate transaction, consider including these items in your closing documents:

  • A representation that the signer has authority under the Arizona Corporation Commission’s Signing Authority Form, if one is on file.
  • A condition confirming that the LLC is not marked as “Pending Inactive” or scheduled for administrative dissolution.
  • A post-closing calendar with annual reminders for updating statutory-agent information and reporting member or manager changes.

What to Watch for Next

The June 2025 ACC reforms are only the beginning. The Commission’s new online portal will introduce additional features, including:

  • Digital ID verification for remote filings, and
  • Automated alerts for dormant-entity status changes.

Stay alert for possible updates or procedural adjustments. Earlier this year, the ACC also discussed potential pre-registration checks and other gatekeeping measures for new entities—topics that may resurface as the new system evolves.

You can check the ACC’s notices page for updates, or let us track it for you and flag anything that affects your business.

How Gottlieb Law Helps Real Estate Clients in Arizona

Gottlieb Law works closely with real estate investors, developers, and sponsors to form and maintain compliant LLCs in Arizona. Our team provides:

  • LLC setup, planning, and documentation
  • Signing Authority form preparation and filing
  • Operating agreement updates for dual-control mechanisms
  • Deal diligence and clean-up services for transactions
  • Litigation support for disputed or fraudulent filings

Whether you’re just starting your entity or need to untangle an existing issue, our legal team is here to help.

Talk to Experienced Attorney Near You Before Your Next Filing

Arizona’s new rules are here to stay and your filings need to be airtight.  Don’t wait until a title issue, lender concern, or administrative error throws your deal off track.

Let our knowledgeable attorneys review your entity structure, recommend best practices, and help you file correctly under the 2025 ACC rules.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.


Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

Arizona’s Adaptive Reuse Law Explained Converting Commercial Buildings into Housing - Gottlieb Law
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Arizona’s Adaptive Reuse Law Explained: Converting Commercial Buildings into Housing
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.


Arizona’s Bold Move to Boost Housing Supply

The Grand Canyon State has taken a significant step to address its housing shortage. If you own or manage an underperforming office, retail, or mixed-use property, Arizona’s new adaptive reuse law (formerly House Bill 2297) may directly affect you.

Effective April 7, 2025, A.R.S. § 9-462.10 establishes a streamlined process for converting qualifying commercial buildings into residential units — without requiring rezoning or public hearings.

This landmark change could reshape development opportunities across Arizona. Whether you’re a developer planning adaptive reuse projects or a municipality preparing your “objective standards” under the new law, Gottlieb Law can help you navigate these evolving requirements.

A.R.S. § 9-462.10 at a Glance

Originally enacted through House Bill 2297, A.R.S. § 9-462.10 creates a simplified approval pathway for adaptive reuse and multifamily development. The statute allows certain commercial properties to be repurposed for residential use so long as they comply with objective health, safety, and building standards adopted by the local jurisdiction.

What Buildings Qualify and What Standards Apply Now

Arizona’s adaptive reuse law (A.R.S. § 9-462.10) does not grant blanket approval for all commercial properties to become housing. To qualify, a property must meet specific statutory criteria, and municipalities may apply only a narrow set of objective standards — nothing subjective or discretionary.

Here’s how the requirements break down.

Eligible Properties:

To qualify for adaptive reuse or multifamily conversion under the statute, a property must:

  • Be an existing commercial, office, or mixed-use parcel.
  • Consist of at least one acre but not more than twenty acres.
  • Contain buildings that are economically or functionally obsolete, meaning the property is in disrepair or has at least 50% vacancy in total leasable square footage.
  • Be located in a municipality with a population of 150,000 or more, since those cities are specifically required to adopt the objective standards within 90 days after April 7 2025.

Note: The term “obsolete” is defined by statute, but municipalities may still attempt to interpret its application narrowly. For example, cities like Scottsdale have indicated they may adopt more restrictive criteria — positions that could invite future legal challenges. Gottlieb Law is closely monitoring these local interpretations and can advise property owners as municipal standards are finalized.

The statute expressly excludes parcels within historic districts, near military or commercial airports, and on tribal land (A.R.S. § 9-462.10 (G))

Required Objective Standards 

Under A.R.S. § 9-462.10(C), the objective standards established by municipalities shall require only the following elements for qualifying adaptive reuse or multifamily projects:

  • Site plan review and approval, including review by affected utility providers.
  • Verification of adequate public sewer and water service.
  • Compliance with applicable building and fire codes.
  • Confirmation that existing buildings are economically or functionally obsolete.
  • A parcel size between 1 and 20 acres.
  • A minimum 10% affordable-housing set-aside for moderate- or low-income households, maintained for at least 20 years after occupancy.
  • Parking standards that may not exceed whichever is lesser — the existing multifamily or commercial requirements.

Municipalities must include these standards — and may not add any additional or discretionary requirements beyond them.  Any attempt to impose subjective design criteria, public hearings, or compatibility reviews would likely violate the statute’s express limitation.  Developers may, at their sole discretion, dedicate a greater share of units as affordable housing.

Eligibility Minimums, Exclusion Zones, and Demolition Rights

To ensure a balanced rollout, A.R.S. § 9-462.10(A)(1) requires municipalities to make at least 10% of existing commercial, office, or mixed-use parcels eligible for multifamily or adaptive reuse.  In practice, that means cities must make at least 10% of those parcels eligible, but they can review and adjust that percentage once every ten years.  Municipalities may not exclude parcels from eligibility if the average sound level is below 65 decibels.  Existing buildings that exceed current setback or height limits may retain their original dimensions and are considered legally nonconforming under the statute.

Why the Adaptive Reuse Law Was Passed — and Why It Matters Now

Arizona faces a dual real-estate challenge:

  • A severe housing shortage driven by population growth and constrained supply; and
  • Rising commercial vacancy, especially in post-pandemic office markets.

The Legislature designed A.R.S. § 9-462.10 to address both problems by making it faster and more predictable to repurpose aging or underused commercial space for housing.

Arizona now joins a growing list of states experimenting with adaptive-reuse incentives—but unlike most, it has preempted local discretionary zoning barriers in a significant way.

Cities such as Tucson are already advancing draft code amendments to align with the statute, while others, including Scottsdale, are facing legislative and developer pressure to ensure local rules remain consistent with the state’s intent.

Whether you’re a private developer, real-estate fund, or nonprofit housing organization, it’s important to consult experienced Arizona real-estate counsel to determine whether your property qualifies and how to position projects as local standards come into force beginning April 7 2025.

Who Benefits and What to Watch 

Commercial Property Owners & Developers

If you own outdated office, retail, or mixed-use space that has been difficult to lease or sell, Arizona’s adaptive reuse law (A.R.S. § 9-462.10, formerly HB 2297) may finally make conversion financially feasible.

However, qualification is not automatic. There are several technical and legal criteria that still apply:

  • Confirm eligibility: Your property must meet the statute’s definitions, including being economically or functionally obsolete (typically 50% vacant or in disrepair).
  • Assess infrastructure: Adequate water, sewer, and utility capacity remain mandatory prerequisites.
  • Review parking and density: Cities must apply the lesser of their commercial or multifamily parking requirements, and height/density caps are governed by the statute.
  • Affordable-housing set-aside: The required 10% set-aside for low- or moderate-income housing is mandatory and must be maintained for at least 20 years.

This is where Gottlieb Law’s real estate attorneys provide value by evaluating project eligibility, preparing compliance plans, and guiding developer negotiations with city staff during implementation.

Municipalities and Planning Departments

Under A.R.S. § 9-462.10(A), municipalities with populations of 150,000 or more must adopt objective standards within 90 days after the law’s effective date.

Cities that fail to act, or that attempt to impose discretionary criteria beyond the statute’s limits, could face legal challenges or state preemption.

Several cities are already drafting zoning-text and general-plan amendments. Others appear to be moving more slowly, which could expose them to claims of statutory non-compliance.

Gottlieb Law also advises municipalities on how to balance compliance with community interests while avoiding prohibited forms of subjective or arbitrary review.

Challenges & Strategic Considerations

Even with its benefits, the new law introduces practical and legal complexities. Key considerations include:

  • Municipal resistance: Some cities may test the limits of the statute by imposing extra conditions (for instance, Scottsdale has been criticized for requiring a six-month vacancy period not found in the law).
  • Infrastructure strain: Older water and sewer systems may constrain redevelopment even if entitlements are available.
  • Structural and retrofit costs: Adaptive reuse can be capital-intensive, often revealing hidden costs such as asbestos removal or major mechanical upgrades.
  • Market feasibility: Not every location suits residential use despite statutory eligibility; access, amenities, and neighborhood fit still matter.
  • Legal gray areas: It remains to be seen how courts will treat cities that fail to adopt standards on time or that enact conflicting regulations.

Early legal consultation can help minimize these risks and ensure timely compliance.

Real Use Cases Emerging

Interest is already building across Arizona:

  • According to the ADOH FY 2025 Low-Income Housing Tax Credit Projects Report, Arizona is actively supporting large-scale affordable housing development — underscoring how the new adaptive-reuse statute (A.R.S. § 9-462.10) enters into a policy environment where affordable units are increasingly embedded in redevelopment deals. Low Income Housing Credits (LIHTC) projects.
  • Phoenix commercial property conversions are growing and the city is one of the leading markets for office space conversions.

Each case is different, but the one constant is that the legal and regulatory pathway is now clearer for qualifying commercial properties.

How Gottlieb Law Can Help Navigate the Adaptive Reuse Law

With decades of experience in Arizona real-estate and land-use law, Gottlieb Law, PLC is uniquely positioned to guide clients through this evolving legal framework:

  • Developers: Entitlement, zoning, and risk-management counsel
  • Property owners: Feasibility analysis and asset-value recovery strategies
  • Municipal clients: Statutory-compliance and ordinance-drafting support
  • Investors and lenders: Due-diligence and regulatory certainty

Whether you’re pursuing a conversion opportunity or implementing municipal standards, our attorneys can help you proceed with confidence and full legal compliance under A.R.S. § 9-462.10, effective April 7, 2025.

Ready to Convert? Talk to a Real Estate Attorney Who Gets It

Let’s Make Arizona’s Adaptive Reuse Law Work for You

The window for early action is here and it’s important to act now if you could be impacted by this new law. Whether you’re trying to convert, invest, or prepare for implementation, Gottlieb Law can help you do it the right way.

With this new law, many Arizona commercial property owners will be able to turn a vacant space into a new residential housing opportunity. Contact our experienced real estate law firm to see how we can help with your adaptive reuse project in Arizona.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

Construction Defect Claims in Arizona
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Construction Defect Claims in Arizona
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This article is provided for general informational purposes only and does not constitute legal advice.  Reading it does not create an attorney–client relationship.  Because laws and interpretations change over time, you should consult qualified legal counsel about your specific situation before taking any action.


Understanding Arizona’s Construction Defect Framework

Arizona’s rapid construction growth has created both opportunity and new challenges.  As developments rise throughout Phoenix, Tucson, and other fast-growing areas, more property owners are encountering structural issues, water intrusion, and workmanship defects.

Filing a construction defect claim can be complex, and timing is critical.  Under A.R.S. § 12-552, most construction-related claims must be brought within eight years after substantial completion of the improvement.  In limited circumstances, a claim involving a latent defect discovered in the eighth year may be filed within one additional year, for a maximum of nine years total.

In addition, Arizona’s Notice and Opportunity to Repair statutes (A.R.S. § 12-1361 et seq.) require homeowners to give builders written notice and a chance to inspect or repair before filing suit.  Understanding these rules, and how they apply to your property, is essential for homeowners, buyers, and associations seeking to protect their investments.

 

Current Legal Framework in Arizona

Under A.R.S. § 12-552, Arizona law establishes an eight-year statute of repose for most contract-based claims arising from design, engineering, or construction contracts. The period is measured from the date of “substantial completion”—generally when a structure can be safely occupied or used for its intended purpose, often tied to a certificate of occupancy.

If a latent defect or related property damage is discovered during the eighth year, the law allows an additional one-year period to bring a claim. However, no claim may be filed more than nine years after substantial completion.

Separate statutes of limitations apply to specific legal theories such as negligence, breach of contract, or warranty, so determining which deadlines apply can be highly fact-dependent.

For residential properties, Arizona’s Notice and Opportunity to Repair process (A.R.S. § 12-1363) requires homeowners to formally notify the builder of alleged defects and allow inspection before filing suit. This step can temporarily pause certain deadlines, but failure to follow the procedure can jeopardize the claim.

Arizona law also recognizes implied warranties of workmanship and habitability, providing additional protection to homeowners even when the construction contract does not include an express warranty. Understanding how these warranties interact with contract terms and statutory time limits is a nuanced legal question that typically requires guidance from experienced counsel.

How Construction Defect Claims Are Typically Handled

Because these cases involve technical construction standards, strict statutory deadlines, and multiple potentially liable parties, property owners rarely benefit from handling them alone. A construction defect attorney can evaluate the facts, preserve evidence, and navigate pre-litigation procedures to avoid costly missteps.

Below is a general overview of how claims are commonly addressed, not a step-by-step guide for self-filing:

  1. Investigation and Documentation: An attorney coordinates inspections, engages qualified engineers or construction experts, and gathers photos, repair invoices, and communications to establish the defect’s cause and scope. 
  2. Pre-Litigation Notice: Legal counsel prepares and serves the required written notice to the builder under Arizona’s right-to-repair statutes, ensuring all statutory deadlines are tolled appropriately. 
  3. Contract and Warranty Analysis: Your lawyer reviews purchase agreements, builder warranties, and insurance policies to determine the responsible parties and available coverage. 
  4. Timing and Filing Strategy: Counsel ensures the claim is filed within the applicable repose and limitation periods. Waiting too long, even when a defect appears late, can forfeit recovery rights. 
  5. Association and Condominium Considerations: Condominium and HOA claims often require board authorization or member approval before pursuing legal action. Your attorney can ensure compliance with governing documents and statutory notice requirements. 
  6. Resolution and Recovery: Many cases resolve through negotiation, mediation, or arbitration before trial. Skilled construction defect counsel can leverage expert findings to reach a fair settlement or, if necessary, litigate to verdict.


Why Legal Representation Is Essential

Construction defect law combines technical construction issues with complex statutory requirements.  Missing a notice deadline or filing in the wrong forum can completely bar recovery.  Working with experienced Arizona construction defect attorneys ensures that your rights are preserved, deadlines are met, and the full scope of damages is pursued, whether through repair, settlement, or litigation.


2025 Legislative and Trend Developments to Watch

Early 2025 saw several legislative proposals that could significantly affect Arizona construction defect claims. Some measures proposed reducing the statute of repose for certain types of construction and adding procedural steps for condominium and homeowners’ association cases.

While none of these proposals have become law, they reflect a growing legislative interest in tightening timelines and increasing procedural requirements for defect claims. Many Arizona construction attorneys anticipate renewed debate on these issues in upcoming sessions.

The takeaway for property owners and associations is clear: act promptly and avoid assuming that current filing periods or extensions will remain unchanged. Waiting to “see what happens” with potential legislative changes can lead to missed deadlines and forfeited rights.

Outside the legislature, Arizona continues to see a rise in alternative dispute resolution (ADR) in defect matters. Mediation and arbitration are increasingly favored to control costs and expedite resolutions. At the same time, increasing construction costs, limited materials, and ongoing labor shortages are making it harder to maintain quality on job sites. These pressures are expected to keep defect-related lawsuits in play well into 2026 and possibly longer.

Key Mistakes to Avoid in Construction Defect Claims

Even valid construction defect claims can be undermined by procedural errors or lack of early legal guidance. Below are common mistakes and recommended best practices to help protect your investment.

Frequent Mistakes

  • Waiting too long to consult an attorney. 
  • Skipping the right-to-repair process or sending incomplete notice. 
  • Making repairs before properly documenting evidence of the defect. 
  • For associations: failing to follow voting and notice requirements before pursuing a claim.

Best Practices

  • Maintain detailed maintenance, inspection, and repair records from day one. 
  • Engage a qualified engineer or construction expert early to assess cause and damages. 
  • Review contracts and governing documents for dispute resolution clauses and notice provisions. 
  • Consult legal counsel well before deadlines to preserve all rights under the statute of repose. 
  • Document evidence thoroughly before making any repairs or alterations. 
  • Coordinate with insurance carriers regarding coverage and defense obligations.

Working with experienced Arizona construction defect attorneys helps ensure compliance with statutory procedures, preserves critical evidence, and maximizes recovery opportunities through negotiation or litigation.

Next Steps for Construction Issues

If you suspect a construction defect in your home, condominium, or association property, time is a critical factor. Our attorneys at Gottlieb Law represent homeowners, HOAs, and commercial property owners throughout Arizona in defect, warranty, and construction disputes.

Why Work with an Experienced Construction Defect Attorney

Construction defect matters are inherently complex. They often involve multiple parties, technical building issues, and strict statutory deadlines that vary based on contract terms, claim type, and the timing of discovery.

An experienced Arizona construction defect attorney can help:

  • Evaluate potential claims and identify responsible parties. 
  • Navigate the Notice and Opportunity to Repair process under A.R.S. § 12-1363. 
  • Analyze timing issues under both statutes of limitation and repose. 
  • Develop and execute a tailored resolution strategy—whether through repair negotiations, mediation, arbitration, or litigation.

For HOAs and condominium boards, legal counsel ensures compliance with voting and notice obligations before any action is filed. For builders and developers, defense counsel coordinates expert evaluations, manages insurance coverage issues, and pursues efficient resolution through alternative dispute processes.

Having knowledgeable counsel involved early helps avoid costly procedural errors, preserve evidence, and maintain compliance with Arizona’s evolving construction defect framework.

Arizona’s current law continues to center on an eight-year statute of repose under A.R.S. § 12-552, with a limited nine-year extension for certain latent defects discovered near the end of that period. Although proposed legislation has not yet changed these rules, it suggests a possible future shift toward shorter filing windows and tighter procedural requirements.

Until any changes are enacted, homeowners, buyers, and associations should treat existing deadlines as firm limits and act promptly if defects appear.

 

Ready to Speak with an Arizona Construction Defect Attorney?

If you’ve spotted issues with your home, building, or community, it’s important to act quickly. The legal deadline to file a construction defect claim may already be counting down, even if the damage seems minor at first.

Contact the team at Gottlieb Law, PLC to review your situation, confirm applicable deadlines, and discuss the most effective strategy to protect your property and your rights.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.


This article is provided for general informational purposes only and does not constitute legal advice.  Reading it does not create an attorney–client relationship.  Because laws and interpretations change over time, you should consult qualified legal counsel about your specific situation before taking any action.

 

Quitclaim Deeds and Other Deeds in Arizona - Gottlieb Law
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Quitclaim Deed and Other Deeds in Arizona: Insights You Need to Know
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.


What a Quitclaim Deed Actually Transfers (and What It Doesn’t)

A quitclaim deed allows the grantor to transfer whatever ownership interest they have in a property to the grantee. Importantly, it provides:

  • No warranties of title

  • No guarantees against liens or encumbrances

  • No protection from competing claims

The grantee takes the property as is, subject to all existing title defects.

While this principle applies nationwide, Arizona’s recorder-specific filing requirements, exemption codes, and statutory deed language make precision essential. If a quit claim deed is drafted incorrectly—or filed without legal review—the deed may be rejected or fail to achieve the intended transfer.

For a deeper breakdown of quitclaim deeds compared with other deed types, see our legal perspective on Quitclaim Deeds in Arizona here. This article builds on that by focusing on local risk factors and filing strategies.

Real Examples: When Quitclaim Deeds Work (and When They Can Backfire)

Appropriate Uses

  • Divorce Settlements: A spouse quitclaimed her interest in the marital home to her ex-husband per a divorce decree. By citing exemption code A5 (conveyance pursuant to court order, A.R.S. § 11-1134(A)(5)), the deed was accepted and recorded without issue.

  • Family Transfers: Parents transferred a cabin into their family trust via quitclaim deed. With no monetary consideration, exemption code A4 applied, allowing smooth recording.

  • Title Cleanup in Inheritance: An heir filed a quiet title action under A.R.S. § 12-1101 to secure clear title.

Problematic Uses

  • Improper Transfers: A deed was rejected for failing to include the full legal description required by A.R.S. § 33-401. This delayed refinancing and forced redrafting.

  • Sibling Land Disputes: A property gifted without documentation led to litigation. The quitclaim deed did not resolve potential tax and other issues and can still lead to legal issues if an underlying dispute exists.

Takeaway: Quitclaim deeds are valid legal tools, but they require accuracy, statutory compliance, and context-specific judgment and may not resolve underlying disputes.

Choosing the Right Deed in Arizona

Arizona recognizes several types of deeds, each serving different purposes:

  1. Quitclaim Deed – Transfers only the grantor’s interest; no warranties.

  2. Special Warranty Deed – Guarantees no encumbrances during the grantor’s ownership; limited scope.

  3. General Warranty Deed – Provides full title warranties against all claims, past and present.

  4. Beneficiary Deed – Transfers property to a named beneficiary at death, avoiding probate (A.R.S. § 33-405).

  5. Joint Tenancy Deed – Transfers property to two or more co-owners who accept the property as joint tenants with rights of survivorship.

Key Point: Selecting the wrong deed type can undermine your intent. Always confirm the deed structure with legal counsel before filing.

When transferring real estate in Arizona, selecting the appropriate type of deed is crucial to ensure the transfer aligns with your intentions and provides the necessary legal protections. 

Common Filing Mistakes in Maricopa County

Many rejections comes from preventable errors:

  • Incorrect parcel numbers (must match Assessor’s records exactly)

  • Omitted exemption codes under A.R.S. § 11-1134

  • Incomplete legal descriptions (shortened versions may be invalid)

  • Poor scan quality or improper margins in e-recordings

Checklist Before Filing:

  • Confirm exemption codes

  • Match all legal names to prior deeds

  • Use the statutory acknowledgment form with a clear notary seal

  • Record promptly to avoid disputes or probate complications

Does a Quitclaim Deed Affect Your Mortgage or Liens?

Yes. A quitclaim deed:

  • Does not remove existing mortgages or liens

  • Does not release you from loan liability unless the lender agrees (e.g., refinance or assumption)

  • May trigger lender action (such as acceleration of a HELOC) if transferred without consent

  • Can have gift tax implications if the transfer exceeds annual IRS thresholds

Protect Your Property Transfer with Professional Legal Review

There are no second chances with real estate transfers and many people misuse deed transfers, which causes more legal headaches later on.  

Gottlieb Law has reviewed countless quitclaim filings that were rejected, misfiled, or challenged later in court. From estate planning to divorce settlements, we don’t just draft your deed—we advise on your legal matter to ensure what type of property transfer makes the most sense and why.  Gottlieb Law provides full-service legal work related to real estate law, deed preparation, legal review, and litigation, all tailored to your situation.

Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney-client relationship. Do not take action based on this article without consulting qualified legal counsel. Laws change, and only a licensed attorney can provide advice tailored to your specific situation.

Legal Challenges in Co‑Living & Shared Housing in Arizona: Strategies for Success
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Legal Challenges in Co‑Living & Shared Housing in Arizona: Strategies for Success
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Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Do not take any action based on this information without first consulting qualified legal counsel. Laws change over time, and you should seek legal advice specific to your situation.

Co-Living’s Growth in Arizona

Co-living, once concentrated in larger metropolitan markets, is now expanding across Arizona as residents seek more affordable housing and flexible living options. Shared housing models include multi-tenant roommate arrangements, investor-owned homes with multiple occupants, and purpose-built co-living developments.

While demand is rising, Arizona’s legal framework was not designed with these models in mind. Property owners, developers, and tenants often face unclear or conflicting rules when it comes to zoning, occupancy, leases, and liability.

Why the Law Can Be Complicated

Unlike traditional rental housing, co-living arrangements must navigate:

  • Local zoning ordinances: Arizona cities and towns may impose occupancy limits and definitions of “family” that can restrict how many unrelated adults may live together. These rules vary widely by municipality.  It is important to consult local ordinances and legal counsel for city-specific guidance. 
  • The Arizona Residential Landlord and Tenant Act (ARLTA): Codified at A.R.S. § 33-1301 et seq., ARLTA generally governs residential rental relationships. Even if a landlord labels an agreement as a “license” rather than a “lease,” Arizona courts may still apply ARLTA protections if the arrangement functions as a tenancy. 
  • Insurance and liability: Standard landlord or homeowner policies may not cover claims arising from multiple unrelated tenants under one roof, creating additional exposure for owners.

How Legal Counsel Helps

Because Arizona’s statutes and municipal codes do not always align neatly with modern co-living models, careful planning is critical. Structuring leases, ensuring zoning compliance, and anticipating potential disputes can make the difference between a profitable investment and costly litigation.

At Gottlieb Law, our attorneys regularly advise clients on real estate, landlord–tenant, and contract issues, including those that arise in shared housing and co-living contexts. With the right strategy, property owners and investors can take advantage of Arizona’s growing demand for co-living while staying compliant with the law.

Regulatory & Zoning Landscape

State and Municipal Zoning Laws

Arizona cities have a patchwork of zoning regulations, and that’s a big deal if you’re planning to rent or own a shared living property. Many local ordinances restrict how many unrelated people can legally live in a single residence.

In 2024, Arizona enacted House Bill 2720, which requires cities with more than 75,000 residents to allow accessory dwelling units (ADUs) in single-family zones. Under the law, property owners must be permitted to build at least one attached and one detached ADU on qualifying lots, subject to size limits and building codes. The law also restricts cities from imposing extra parking requirements, design mandates, or family-relationship restrictions specific to ADUs.

This opens the door for more flexible housing arrangements, but implementation is still unfolding and HOAs or restrictive covenants can still prohibit ADUs even where the city allows them. Permitting delays, neighborhood opposition, and traditional occupancy caps could pose hurdles for investors and property owners.

Building, Occupancy, and Permit Requirements

In Arizona, when a rental property shifts from a standard single-family use to a higher-intensity co-living arrangement, cities may classify it differently under their zoning codes. Once a property is re-classified, it may be subject to additional requirements such as enhanced fire safety measures, minimum square footage per resident, and sometimes extra kitchen or bathroom facilities or other requirements. These standards are based on municipal zoning codes and the International Building Code, and they vary by city.

Enforcement typically occurs when neighbors file complaints or inspectors observe overcrowding. By understanding the local classification rules and securing proper approvals up front, landlords can avoid potentially costly citations and forced shutdowns.

Lease Structuring and Tenant Rights

Customizing Lease Agreements

Generic lease templates are rarely sufficient for shared housing. A well-drafted lease should address:

  • Rent contributions and utility sharing 
  • Use of common areas and quiet hours 
  • Guest policies and privacy expectations 
  • Dispute resolution procedures

Including these terms up front reduces conflicts and provides structure if disagreements arise. Gottlieb Law assists landlords and tenants in preparing customized leases that reflect the realities of shared housing while complying with Arizona law.

Arizona Residential Landlord and Tenant Act

The Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 et seq.) governs deposits, notices, maintenance obligations, and eviction procedures across the state. These rules can apply even in roommate and co-living situations.

A common misconception is that only the person named on the lease is a “tenant.” In practice, Arizona courts may extend tenant protections to other occupants if they live at the property, contribute to rent or utilities, and establish it as their residence. Lockouts, unilateral changes to terms, or treating residents as “guests” without notice typically violate ARLTA.

It is important to note that ARLTA protections may not apply to certain agreements such as short-term stays under 30 days unless a court finds the arrangement functions as a tenancy.

Cohabitation and Roommate Agreements

Beyond leases, roommates and co-occupants may enter into private contracts that set expectations for financial obligations, shared responsibilities, and dispute resolution. Arizona courts recognize these agreements under general contract law. For example, an unmarried couple or group of roommates could sign a written agreement allocating rent, utilities, or household chores.

While these contracts do not replace a landlord–tenant relationship under ARLTA, they provide enforceable rights among the occupants themselves and can reduce uncertainty in informal living arrangements.

Insurance, Liability, and Risk Management

Insuring Co-Living Properties

Standard homeowner’s insurance may not apply when a property is rented to multiple unrelated tenants. In these situations, owners should obtain landlord insurance or commercial policies tailored to rental properties and confirm coverage with their insurance agent. Policies should address property damage, fire, liability claims, and risks associated with higher tenant turnover. If shared bedrooms or short-term occupancy are involved, it is critical to confirm with the insurer that the policy covers those uses.

At Gottlieb Law, we can help property owners identify legal risks associated with their housing model and work with insurance professionals to ensure coverage aligns with the property’s actual use.

Tenant Insurance and Liability

Requiring tenants to carry renters insurance is a common way to protect both landlords and tenants. These policies provide coverage for tenants’ personal belongings and may also help address liability claims involving tenants.

Lease agreements may also include indemnity clauses, which hold tenants responsible for their own actions and negligence. These provisions are especially valuable in shared housing, where overlapping use of property increases the chance of accidents. Indemnity language must be carefully drafted to comply with Arizona contract law.

Insurance carriers vary widely in how they treat co-living risks, and written confirmation of coverage is essential.

Fair Housing and Non-Discrimination Compliance

Co-living arrangements may be subject to the federal Fair Housing Act and the Arizona Civil Rights Act, with limited exceptions. Landlords cannot deny housing or apply different rental terms based on race, color, religion, sex, familial status, disability, national origin, or ancestry.

This means all applicants must be evaluated using consistent criteria — such as credit checks, background screening, or income requirements — applied equally to every applicant. Maintaining written records of your criteria and decisions is an effective way to demonstrate compliance if challenged.

Tenants choosing their own roommates may have more flexibility, but landlords and property managers cannot endorse or advertise discriminatory preferences in listings or lease policies. Gottlieb Law can assist clients in developing screening practices that protect both property investments and compliance with fair housing laws.

Privacy and Consent in Shared Spaces

Privacy is often a key concern in co-living arrangements. Leases should clearly define which spaces are shared (such as kitchens, bathrooms, or living rooms) and which are private (such as bedrooms or designated storage areas).

Under the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1343), landlords must give at least two days’ notice before entering a tenant’s dwelling, including bedrooms in shared homes, unless there is an emergency.

Video surveillance in common areas must be disclosed to all tenants in writing. Surveillance in bedrooms and bathrooms is prohibited, and landlords should avoid audio recording due to additional legal restrictions under Arizona’s wiretapping laws.

Failure to follow privacy protections can result in serious legal consequences, including tenant claims for damages.

Shared Housing with Public Assistance

Some tenants in shared housing may use Housing Choice Vouchers (Section 8) or other public assistance programs. These arrangements are governed by HUD regulations and local Public Housing Authorities (PHAs) and apply when public assistance is involved.

Under HUD’s rules for shared housing (24 C.F.R. § 982.615):

  • The unit must provide adequate space and shared facilities (kitchen, bathroom, common areas). 
  • Rent and utilities must be divided on a pro-rata basis, with the lease reflecting the tenant’s share. 
  • The landlord must comply with inspection standards and administrative requirements imposed by the PHA.

While voucher tenants add complexity to lease structuring, participation can provide stable income streams for landlords and help meet community housing needs. Gottlieb Law assists property owners in structuring leases that satisfy HUD and PHA requirements while remaining enforceable under Arizona law.

Tenant Collective Action and Retaliation

Arizona law explicitly protects tenants who join together to request repairs, report code violations, or assert their rights. Under the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1381), a landlord may not retaliate by raising rent, terminating a lease, or decreasing services in response to tenant complaints or organizing activity.

These protections apply in shared housing as well. Whether tenants are co-signers on a lease or roommates with individual agreements, landlords must address complaints lawfully and avoid retaliatory conduct. Tenants remain obligated to pay rent, but they cannot be punished for exercising their legal rights.

Risk from Enforcement and Shutdown

Co-living properties in Arizona are receiving heightened scrutiny. Demand for affordable housing is growing, but cities and state agencies are acting quickly when properties violate zoning, licensing, or safety requirements. Recent enforcement actions, many tied to unlicensed sober living or recovery housing, illustrate the broader risks for shared housing operators:

Illustrative cases include:

  • Tucson – Ocotillo Apartments (2023): City officials condemned an apartment complex operating as informal co-living and sober living after finding fire hazards, faulty wiring, and other unsafe conditions. Residents were displaced, underscoring the risk of operating without safety compliance.
  • Mesa – Canal on Baseline (2023-2024): Nearly 40 residents in a luxury condo complex were evicted after AHCCCS suspended payments to the operator over Medicaid fraud allegations. The site was never licensed for group housing, showing how unpermitted conversions can trigger both financial and housing disruption.
  • Phoenix/Laveen – Element on Euclid Subdivision (2023–2024): A behavioral health provider tied almost 30 homes in a new subdivision to unlicensed recovery housing. Maricopa County issued zoning violation notices for operating a “recovery community” in single-family homes. The case closed only after the homes were vacated, highlighting the zoning and licensing risks of high-intensity shared housing.

Common enforcement triggers in Arizona include:

  • Neighbor complaints about overcrowding or parking/traffic. 
  • Fire and building code violations. 
  • Unlicensed housing operations tied to Medicaid or voucher programs. 
  • Tenant reports of unsafe or unsanitary conditions.

The pattern is clear: informal or unpermitted shared housing may operate temporarily but is vulnerable to sudden enforcement. Landlords and investors should confirm zoning classification, licensing, and health/safety compliance before opening a co-living property.

Why Engaging with Local Agencies Matters

The speed and force of recent enforcement actions show why municipal consultation is critical. Whether you are a landlord renting to unrelated adults or a developer launching a co-living brand, the risk of operating without zoning clarity or permits is too high to ignore.

While this article is not exhaustive and cannot replace legal advice for your specific situation, here are practical steps to reduce risk:

  • Confirm whether your property is classified as a “rooming house,” “group home,” or standard residential use. 
  • Apply for appropriate permits or, if necessary, seek special use approvals or variances before renting to multiple tenants. 
  • Schedule voluntary inspections for fire safety, electrical systems, and occupancy compliance. 
  • Keep records of licenses, inspection approvals, and all correspondence with city zoning officials.

These Arizona enforcement examples underline one principle: co-living models succeed when built on a foundation of compliance and cooperation with local authorities. Gottlieb Law assists property owners, investors, and managers with legal strategies that reduce risk, protect tenants, and keep operations sustainable.

Strategies for Legal Success in Co-Living and Shared Housing

Upfront Compliance and Permitting

Begin with a zoning and code review. Confirm occupancy limits for unrelated adults, identify any structural changes requiring permits, and determine whether your property qualifies for accessory dwelling unit (ADU) options under Arizona’s new law. Even landlords renting a single-family home to four roommates must confirm compliance.

Tailored Lease and Cohabitation Templates

Generic leases rarely address the realities of shared housing. Customized agreements should cover rent allocation, utilities, privacy, and dispute resolution. Gottlieb Law can draft and review leases — and, where appropriate, supplemental roommate agreements — that bring clarity and enforceability.

Insurance and Liability Planning

Standard homeowner’s policies often exclude co-living risks. Landlord or commercial insurance should cover property damage, liability, and tenant disputes. Requiring renters insurance adds another layer of protection. Lease provisions can hold tenants accountable for their own conduct and negligence, reducing disputes in shared homes.

Fair Screening and Inclusion Policies

Arizona landlords are subject to the federal Fair Housing Act and the Arizona Civil Rights Act. Use standardized criteria such as income ratios, background checks, and credit history — and apply them consistently. Train staff to avoid discriminatory language in marketing or communications.

Privacy Safeguards

Clearly define which areas are shared and which are private. Arizona law (A.R.S. § 33-1343) requires landlords to give at least two days’ notice before entering a tenant’s private space, regardless of lease language. If cameras or smart locks are used in common areas, disclose this in writing. Surveillance of bedrooms or bathrooms is never permitted.

Tenant Engagement and Communication

Tenants who feel heard are less likely to escalate disputes. Regular communication — whether through meetings, group chats, or shared boards — can prevent problems. Remember: tenants have the right to organize, and landlords cannot retaliate against those who exercise that right (A.R.S. § 33-1381).

HUD and Public Assistance Compliance

Shared housing may be eligible for Housing Choice Voucher (Section 8) participation, but HUD rules (24 C.F.R. § 982.615) require pro-rata rent allocation, shared facility access, and PHA inspection approval. Gottlieb Law helps landlords adapt their agreements and property structures to meet these requirements and avoid interruptions in rental income.

Emergency Preparedness

Because inspections, zoning actions, or neighbor complaints can happen unexpectedly, landlords benefit from having legal counsel already familiar with their property. Gottlieb Law assists in defending against eviction claims, appealing zoning decisions, and negotiating with city officials to keep operations compliant.

Co-Living, Cohabitation Agreements, and Shared Housing in Arizona

Co-living and shared housing are reshaping Arizona’s housing market. They provide affordability and flexibility but also bring legal complexity. Success depends on getting the details right — zoning, lease structuring, insurance, tenant rights, and municipal compliance.

At Gottlieb Law, we regularly advise clients on real estate transactions, landlord-tenant disputes, and municipal permitting. Our goal is to help you avoid legal missteps and build housing strategies that last.

Let Gottlieb Law guide you through Arizona’s housing regulations. Whether you are an experienced investor or managing your first shared rental, we help ensure your property is compliant, protected, and positioned for long-term success.

Call us today at 602-899-8188 or schedule a consultation here. You can also explore our full range of Arizona real estate legal services including landlord-tenant representation, contract drafting, and more.

Gottlieb Law, PLC provides this article for general informational purposes only. Nothing in this article constitutes legal advice or creates an attorney–client relationship. You should not act or refrain from acting based on the information provided here without seeking advice from qualified legal counsel regarding your specific situation. Laws change over time, and the application of law can vary depending on individual facts and circumstances.

Arizona Rental Tax Ban 2025 - What Landlords and Tenants Need to Know - Gottlieb Law - Arizona Real Estate Lawyers
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Arizona Rental Tax Ban: What Landlords and Tenants Need to Know for 2025
Arizona Rental Tax Ban: What Landlords and Tenants Need to Know for 2025 1045 697 Gottlieb Law

Gottlieb Law, PLC provides this article for informational purposes only. Nothing herein creates an attorney–client relationship. Reading this article is not a substitute for seeking advice tailored to your situation. Laws change over time, and you should consult qualified legal counsel regarding any specific questions.


Understanding Arizona’s Rental Tax Ban and What It Means for 2025

Starting January 1, 2025, Arizona will eliminate the residential rental transaction privilege tax (TPT). For years, many cities and towns required landlords to collect this local tax—often 2–4%—on rent payments.

The new statewide ban applies only to residential rentals of 30 days or more (not commercial leases). It overrides local city and town authority, meaning landlords across Arizona can no longer collect or remit residential rental tax, even if their municipality previously required it.

For tenants, this means monthly rent bills should drop by the amount of the former rental tax. For landlords, it simplifies compliance and reduces reporting obligations, but it also requires careful adjustments. Lease agreements that currently say “plus applicable rental tax” must be updated, and landlords should stop charging the tax immediately as of January 1. Landlords will also need to file their final December 2024 TPT return and close out their rental TPT license if it applied only to residential properties.

Legislative Background: The Foundation of the Rental Tax Ban

Amendment to A.R.S. § 42-6004(H)

Recently, the Arizona Legislature amended A.R.S. § 42-6004 to add subsection (H). The statute provides that “from and after December 31, 2024, a city, town, or other taxing jurisdiction may not levy a transaction privilege, sales, gross receipts, use, franchise or other similar tax or fee on the business of renting or leasing real property for residential purposes.”

In practical terms, this means that starting with January 2025 rent, municipalities can no longer collect residential rental TPT. The prohibition applies statewide.

What the Amendment Means for Cities and Towns

This statutory change eliminates more than $230 million in annual municipal revenue once generated by taxing residential rentals. Cities and towns will need to adjust their budgets accordingly. For tenants, the benefit is direct — rental bills should drop by the amount of the repealed tax.

For landlords, the law simplifies compliance but requires attention to lease language, billing systems, and tax filings during the transition.

Key Changes for Landlords to Implement

Automatic Cancellation of TPT Licenses

Effective December 31, 2024, the Arizona Department of Revenue (ADOR) automatically canceled TPT licenses that were limited to business code 045 (Residential Rental, Leasing & Licensing for Use).

  • Landlords who only rented residential property no longer need a license.

  • Landlords who also lease commercial property must maintain their license for those activities.

Ceasing Collection of TPT Charges

From January 2025 forward, landlords must stop charging residential rental TPT. Continuing to bill tenants for the repealed tax violates state law and may lead to penalties or tenant disputes. Gottlieb Law recommends that landlords audit their billing systems immediately to ensure no residual tax charges appear on rent statements.

Updating Lease Agreements and Billing Systems

Residential leases signed before 2025 may include language such as “plus applicable rental tax.” Landlords should:

  • Amend leases to remove TPT references.

  • Update property management and accounting software to reflect the elimination.

  • Notify tenants so expectations are clear.

These updates are essential to maintain compliance and avoid over-collection.

Exemptions to Keep in Mind

The ban applies only to residential rentals of 30 days or more. The following remain taxable under Arizona’s TPT system:

  • Commercial leases
  • Short-term rentals under 30 days
  • Health care and long-term care facilities
  • Hotels, motels, and other transient lodging

What Tenants Should Know About the Rental Tax Ban

Expected Rent Savings Starting in 2025

With the elimination of the residential rental TPT, tenants statewide are projected to save more than $230 million annually. Rent payments that previously included a city tax should decrease beginning with January 2025 rent.

Tenants should carefully review rent statements to confirm that no TPT charges appear after December 31, 2024.

Reviewing Rent Statements and Lease Terms

Even though the tax ban is automatic, oversights can occur. If a tenant sees TPT still listed on a rent bill in 2025, the first step is to notify the landlord in writing and request correction.

If the charge continues, tenants may seek help from a qualified attorney or file a complaint with the Arizona Department of Revenue (ADOR). The law places the burden of proof on landlords to show that any additional charges are not improperly tied to repealed TPT.

Tenant Rights and How to Act

Arizona tenants have the right to pay rent without being charged a tax that no longer applies. Tenants who believe they are being billed unlawfully should:

  1. Document rent statements and lease provisions.

  2. Contact the landlord promptly for clarification.

  3. Seek legal counsel or assistance if the problem persists.

Gottlieb Law assists renters with understanding their options, enforcing compliance, and protecting tenant rights under Arizona’s new framework.

Compliance and Enforcement in 2025

Legal Risks of Non-Compliance

Landlords who continue to collect residential rental TPT after January 1, 2025 risk:

  • Enforcement actions from ADOR.

  • Audits and penalties for improper billing.

  • Potential tenant disputes or litigation if overcharges are not corrected.

Government Oversight and Resources

The Arizona Department of Revenue is responsible for implementing the new rules and provides official guidance online. Both landlords and tenants can access compliance updates, FAQs, and support resources through AZTaxes.gov and the ADOR Residential Rental team.

Registering with County Assessors

Although the TPT requirement is eliminated, landlords must still register residential rental properties with their county assessor. This separate requirement remains in force, and penalties can apply for failing to register. Tenants may also check public assessor records to confirm that their rental property is properly registered.

Preparing for Arizona Rental Tax Changes: What You Need to Do Next

The elimination of residential rental TPT in Arizona reshapes how landlords, tenants, and property managers handle rental transactions. Here’s what to keep in mind moving forward:

  • Landlords should update lease agreements, remove TPT billing, and confirm that all property management and accounting systems reflect the new tax rules beginning January 2025.

  • Tenants should carefully review rent statements in 2025 and understand their rights if unlawful TPT charges appear.

  • Property managers should train staff and revise internal procedures to maintain compliance with Arizona’s updated requirements.

  • All parties must understand the statutory exemptions and remember that rental properties must still be registered with county assessors.

Stay Compliant with Legal Guidance

From and after December 31, 2024, cities and towns can no longer impose TPT on residential rentals under A.R.S. § 42-6004(H). While the change reduces costs for tenants and simplifies compliance for landlords, proper preparation is key to avoiding errors, penalties, or disputes.

Gottlieb Law’s real estate attorneys are available to guide landlords, tenants, and property management companies through these changes. Proper legal advice ensures you stay compliant, avoid penalties, and fully benefit from Arizona’s new rental tax ban.

If you want personalized support navigating these updates or need help updating lease agreements and billing systems, call our firm today at 602-899-8188 or schedule a consultation with Gottlieb Law to meet with our experienced real estate attorneys.


This article is provided by Gottlieb Law, PLC for general informational purposes only. It does not create an attorney–client relationship, and it should not be relied on as legal advice. Laws change, and every situation is different. You should consult qualified legal counsel about your specific circumstances.

Understanding Arizona delayed MLS listings and the NAR delayed marketing policy helps sellers protect their interests. Gottlieb Law guides you through real estate law for smooth transactions.
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Delayed MLS Listings: What Arizona Home Sellers Need to Know
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Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

Arizona’s real estate market is always evolving, and staying ahead means knowing how new policies impact your home sale. The National Association of Realtors (NAR) recently introduced a delayed marketing policy aimed at giving sellers more control over how and when their properties appear on public platforms.  For Arizona home sellers, understanding this policy alongside state-specific rules is critical. That’s where Gottlieb Law comes in. With deep roots in Arizona real estate law, they guide sellers, buyers, agents, and brokers through these shifting waters, helping you make informed decisions every step of the way.

What Is the NAR Delayed Marketing Policy?

NAR’s “Multiple Listing Options for Sellers” offers sellers choices on how their listings appear publicly. Two key concepts stand out:

  • Delayed Marketing Exempt Listings: These are exempt listings where the seller directs the listing broker to delay public marketing through IDX and syndication for a period allowed by the local MLS.  Each MLS has discretion to determine the length of this delayed marketing period.  This approach allows sellers to keep their homes under wraps initially while still preparing for broader exposure and reflects the seller’s choice to postpone public advertising.
  • Office Exclusive Listings: In this scenario, listings remain private within a brokerage and never reach the broader MLS network.

Sellers must sign a certification acknowledging the benefits they are waiving or delaying, such as broad exposure through the MLS, and confirming their informed decision to opt for delayed marketing or office exclusivity.  Understanding these nuances can significantly affect your home’s exposure and sale timeline, which is why legal guidance is so valuable.

The Multiple Listing Options for Sellers policy is expected to roll out in phases, with each local MLS setting its own rules for implementation. Sellers should confirm with their real estate counsel and listing agent how these policies apply in their market.

Arizona’s Take on Delayed Marketing Policies

Arizona’s largest MLS, ARMLS, has adopted and enforces the Clear Cooperation Policy, which requires listings to be submitted to the MLS within one business day after any public marketing.  However, Arizona provides some flexibility through the “Coming Soon” status, which allows listings to remain in a pre-market phase for up to 30 days.

Not every Arizona MLS interprets NAR’s delayed marketing policy in the same way.  Some are still refining their rules, creating a patchwork landscape that can confuse both sellers and agents.  This complexity underscores the value of working with a seasoned real estate attorney who understands the intricacies of Arizona real estate law in 2025.

Legal Considerations for Arizona Home Sellers

Navigating Arizona real estate law in 2025 requires aligning with both state regulations and NAR’s evolving policies. The Arizona Department of Real Estate oversees how licensed professionals handle property marketing under active listing agreements.  Missteps could lead to disputes over how days on market are calculated or raise concerns about MLS data integrity.

Failing to comply with these regulations exposes sellers to legal risks that can delay,  or even derail, transactions.  Gottlieb Law’s extensive experience can help sellers focus on compliance and avoid costly missteps.

The Upsides and Downsides of Delayed MLS Listings

Choosing to delay MLS listings comes with both benefits and drawbacks.

On the upside, sellers who value privacy, such as public figures or those with tenant-occupied properties, often appreciate the additional control it provides.  Delaying can also give agents flexibility to gauge market interest, refine pricing, and build interest before going fully public.

On the downside, holding back a listing from full public exposure can shrink your buyer pool, potentially extending the time your home remains on the market and impacting sale price.  It may also distort MLS data, complicating property comparisons and influencing buyer perceptions.

Sellers should weigh these factors carefully, with guidance from experienced legal counsel to balance privacy with market reach.

How Gottlieb Law Supports Arizona Buyers, Sellers, Agents, and Brokers

Whether you are a home seller navigating delayed MLS listings or a buyer entering Arizona’s competitive market, Gottlieb Law provides tailored legal insight for real estate transactions.

The firm’s team can advise on everything from drafting airtight contracts to focusing on compliance with MLS rules and the Clear Cooperation Policy.  Real estate agents and brokers need to remain compliant in a fast-changing legal landscape.  From reviewing listing agreements to managing disclosures around office exclusive listings in Arizona, Gottlieb Law can serve as a trusted partner.

Tips for Arizona Sellers Considering Delayed MLS Listings

  • Engage a qualified real estate attorney early. Understanding how delayed marketing options apply to your situation helps prevent surprises.
  • Negotiate listing agreements carefully.  Ensure they clearly outline marketing timelines and privacy protections.
  • Confirm compliance.  Align with both NAR policies and Arizona real estate law 2025 to keep your sale on track.
  • Leverage the “Coming Soon” status.  Arizona’s MLS coming soon status may offer a strategic marketing advantage without violating rules.

Final Thoughts on Arizona Delayed MLS Listings

Arizona home sellers face a complex real estate environment with shifting policies around MLS listings and marketing.  Balancing privacy concerns with the need for broad buyer exposure isn’t always straightforward.  That’s why working with an accomplished real estate law firm like Gottlieb Law is valuable. Having attorneys with the knowledge and experience to guide sellers, buyers, agents, and brokers through these challenges helps position clients for successful transactions.

Ready to Navigate Arizona Real Estate with Confidence?

Selling or buying a home in Arizona comes with unique legal challenges, so don’t go it alone. Connect with Gottlieb Law to get advice and trusted representation that puts your interests first.

Whether you’re managing delayed MLS listings or handling more complex transactions, the team at Gottlieb Law is ready to help you move forward with clarity and confidence.

Call our firm today at 602-899-8188 or schedule a consultation online with Gottlieb Law to meet with our experienced real estate attorneys.

Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation.  Laws change over time and you should seek counsel to discuss any specific legal questions.

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