Subletting Laws in Arizona

Arizona laws do very little to address subletting for either commercial or residential leases. Although the Arizona Residential Landlord and Tenant Act acknowledges that subletting is a likelihood, it still doesn't provide any guidance on a tenant's right to do so.¹ Instead, it's up to each individual lease to regulate the process:

• If a lease says subletting is allowed—or doesn’t mention subletting at all—a tenant is free to rent out their home to a subtenant.
• If a lease does not allow subletting, that provision is valid, and the tenant may not sublease their rental unit.
• If a lease allows subletting, but only with the explicit consent of the landlord, a tenant must get their landlord’s permission before moving forward.

Most leases in Arizona either prohibit subletting completely or allow it only with the landlord's written approval. Arizona courts have ruled that landlords can only refuse a potential subletter for a legitimate business reason, such as:²

• Inability to fulfill the terms of the lease
• Financial irresponsibility or instability

Landlords can't turn down a subletter for subjective reasons, such as disliking them personally. According to the courts, it's also unreasonable for a landlord in Arizona to refuse a lease assignment because they want to make more money by raising the rent.³

Ready to sublet your rental in Arizona? Read our step-by-step guide to Arizona sublets

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[1] AZ Rev Stat § 33-1310

[2] Tucson Medical Center v. Zoslow, 712 P.2d 459 (Ariz. Ct. App. 1985)

[3] Campbell v. Westdahl, 148 Ariz. 432 (Ariz. Ct. App. 1986)