Updated October 2026. Arizona landlords can choose whether to allow pets and can charge pet deposits, nonrefundable pet fees and pet rent, within limits. Any refundable pet deposit counts toward the deposit cap of one and one-half months’ rent (A.R.S. 33-1321). Assistance animals and service animals are not pets. When a tenant with a disability needs one, the landlord must consider a reasonable accommodation under A.R.S. 41-1491.19 and the federal Fair Housing Act. Arizona’s Attorney General says landlords shouldn’t charge pet fees or deposits for them.

Two recent changes matter here. A 2025 Arizona law defined these animals and limited landlord liability, and HUD withdrew its assistance-animal guidance. Here’s how the rules fit together. This is general information, not legal advice.

Pets: what Arizona landlords can do

No-pet and pet-restriction policies

Arizona law doesn’t require landlords to accept pets. A lease can ban pets entirely or limit the number, size, type or breed, as long as the policy is applied consistently to every applicant. HOA rules may also restrict pets, and the lease should follow them.

Pet deposits and the deposit cap

A.R.S. 33-1321(A) caps security, “however denominated,” at one and one-half months’ rent, including prepaid rent. A refundable pet deposit is security. If rent is $2,000, the security deposit plus the pet deposit can’t exceed $3,000. A tenant may voluntarily prepay more rent, but the landlord can’t require it.

Nonrefundable pet fees and pet rent

Under A.R.S. 33-1321(B), the purpose of every nonrefundable fee must be stated in writing. Any fee not designated as nonrefundable is treated as refundable. A one-time nonrefundable pet fee should be labeled clearly in the lease. Monthly pet rent isn’t specifically addressed in the Landlord and Tenant Act. Treat it as part of the rent, list it in the lease, and apply it the same way to every pet household.

Pet damage

Tenants are responsible for damage beyond normal wear and tear, including pet damage. A.R.S. 33-1341 requires tenants not to deliberately or negligently damage the premises. Pet stains, chewed trim and damaged yards can be deducted from the deposit with an itemized list, or claimed as damages when they exceed it.

A pet addendum checklist

• Describe each approved pet by type, breed, weight and name.
• State the refundable pet deposit, any nonrefundable pet fee and its purpose, and any monthly pet rent.
• Require current vaccinations and local licensing where the city requires it.
• Set rules for waste cleanup, noise, leashes and yard care.
• Explain how pet damage will be handled at move-out.

Service animals and assistance animals are not pets

The Arizona definitions (2025)

HB 2068 (Laws 2025, Chapter 191), signed May 13, 2025, added definitions to A.R.S. 41-1491, Arizona’s fair housing law:

• An assistance animal is any animal, trained or untrained, that works, provides assistance, performs tasks or provides therapeutic or emotional support for a person with a disability. Emotional support animals fall in this group.
• A service animal is a dog or miniature horse individually trained, or in training, to do work or perform tasks for a person with a disability. Other species don’t qualify as service animals.

The duty to accommodate

A.R.S. 41-1491.19 makes it discriminatory to refuse reasonable accommodations in rules, policies, practices or services when they may be necessary for a person with a disability to have an equal opportunity to use and enjoy a home. A no-pet rule is a policy. Waiving it for an assistance animal is the standard example of a reasonable accommodation. The federal Fair Housing Act contains the same duty. Our Arizona Fair Housing Act guide explains the broader protections.

Landlord liability

The 2025 law also added A.R.S. 41-1497.38. A landlord isn’t liable for injuries or damages caused by an assistance or service animal allowed as a reasonable accommodation or modification. It doesn’t reduce the rights of people with disabilities.

What changed at HUD

HUD withdrew FHEO-2020-01, its 2020 guidance on assistance animal requests, and FHEO Notice 2013-01, effective September 17, 2025. HUD confirmed this in a Federal Register notice published April 6, 2026. The Fair Housing Act didn’t change. HUD said conduct that doesn’t comply with the Act is still subject to enforcement, and private parties can still sue. Arizona’s statute still applies too.

Handling an assistance animal request

What you may ask

The Arizona Attorney General’s Civil Rights Division guide on assistance animals says that when a disability or need isn’t obvious, a housing provider may ask for reliable information to verify it. A letter from a treating medical provider is often enough. When the disability and need are obvious, don’t ask for documentation. In every case, keep requests to what’s needed to verify the disability-related need.

Fees, breed and size

• The AG guide says housing providers may charge pet fees or deposits for pets, but not for assistance animals.
• Breed, size or weight limits in a pet policy don’t automatically apply to an assistance animal. A denial has to be based on the specific animal, not a breed stereotype.
• The tenant is still responsible for actual damage the animal causes, the same as any other damage beyond normal wear and tear. The regular security deposit can be applied to it at move-out.

When a request can be denied

The AG guide lists limited grounds. The accommodation imposes an undue financial and administrative burden, it would fundamentally alter the provider’s operations, or the specific animal poses a direct threat or would cause substantial physical damage to others’ property that other accommodations can’t reduce. Talk with the tenant about alternatives before denying, and document the decision. Requests should be answered promptly and in writing.

A consistent process protects everyone

A written, consistent process is the safest way to handle pets and assistance animals. That means one pet policy, one accommodation procedure, prompt written responses, and no extra fees for assistance animals. Our tenant screening guide explains how we apply the same criteria to every applicant.

We manage homes across the Valley, including Peoria. On the Property Plus plan, when Property Plus USA places the tenant, landlord protection includes coverage for service-animal damage within the plan’s limits. See our plans and pricing or call 480-586-3700.

Frequently asked questions