Question: A former motel is being redeveloped into apartment-
type residential units with kitchenettes. These units will be
rented on both a daily basis and a weekly basis. Does the Arizona
Residential Landlord and Tenant Act (Act) apply to the rental
of these units?
Answer: Transient occupancy in a hotel, motel, or recreational
lodging is not subject to the Act. Although the Act does not define
“transient occupancy,” daily rentals would probably be “transient
occupancy” not covered by the Act. Individuals paying weekly rent,
however, are presumed to be tenants under a week-to-week lease
which would be subject to the Act. Note: Although the Act furnishes
protection to both the landlord and the tenant, the tenant primarily
benefits from the Act. For example, if the Act applies because
there is a residential lease, even week-to-week, a tenant who
is delinquent on the rent can only be removed by a court order.
If the Act does not apply, an individual delinquent on rent can
generally be locked out without notice.
