Tenants in Arizona have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow 10 days for the repairs to be made (5 days, for health and safety issues).
Arizona Landlord Responsibilities for Repairs
Arizona landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Seasonally appropriate heating and cooling.
- Hot water.
- Garbage containers and removal.
- Provided facilities and appliances.
- Common areas.
- Anything impacting health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Arizona?
Arizona tenants are responsible for repairing damage they cause to the property that isn’t through ordinary wear and tear. If it’s not an emergency, tenants can usually wait until the landlord asks in writing for repairs.
On a case by case basis, the landlord and tenant can make a special written agreement for the tenant to handle specific maintenance that would otherwise be the landlord’s duty. This agreement can’t include basic code and habitability issues, which are always the landlord’s responsibility.
Requesting Repairs in Arizona
Arizona tenants must request repairs in writing. To reserve the option for lease cancellation, the tenant must state an intent to cancel the lease if repairs aren’t made, and the date on which the lease will be canceled in the event of a failure to repair.
An example of language a tenant might use to state these intentions is: “If the issue isn’t fixed within ten days (five for health/safety issues) after receiving this notice, the renter will cancel the rental agreement effective twenty days (ten for health/safety issues) from today.”
How Long Does a Landlord Have To Make Repairs in Arizona?
Arizona landlords have ten days after written notice to fix issues by default, five days when the problem affects health and safety.
Can the Landlord Refuse To Make Repairs in Arizona?
Arizona landlords cannot refuse to make repairs that are their responsibility. It doesn’t matter if the tenant is behind on rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Arizona?
Arizona landlords have no requirement to pay for alternative accommodation while they conduct repairs. However, repairs that prevent basic use of the premises may permit the renter to cancel the rental agreement.
Tenant’s Rights if Repairs Aren’t Made in Arizona
Arizona tenants can cancel the rental agreement if the landlord doesn’t make timely repairs. Depending on the situation, they can also sue for damages and/or get an injunction to force repairs. In all cases, they can recover attorney fees.
Can the Tenant Withhold Rent in Arizona?
Arizona tenants are discouraged from withholding rent except for partial withholding under the repair and deduct remedy. However, a tenant who withholds rent for a good-faith reason can’t be punished for it, even if the withholding was technically improper.
Can the Tenant Repair and Deduct in Arizona?
Arizona tenants may repair and deduct for necessary repairs up to $300 or half the monthly rent (whichever is greater), when they provide written notice of an intention to repair and deduct and wait 10 days. After that, the tenant can hire a licensed contractor to perform the work.
Can the Tenant Break Their Lease in Arizona?
Arizona tenants in Arizona can break leases 20 days after giving written notice, for failure to repair issues that weren’t the tenant’s responsibility or other uncorrected breaches of the rental agreement. If the issue affects health and safety, the total wait is only 10 days.
Tenants can move out and break their lease immediately, when the property is destroyed or severely damaged by fire or casualty (for example, a hurricane).
Can the Tenant Sue in Arizona?
Arizona tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs.
Can the Tenant Report the Landlord in Arizona?
Arizona tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Arizona
Except for good cause like unpaid rent or a lease violation, in Arizona it’s illegal for landlords to retaliate by raising rent, reducing services, or threatening eviction, within six months of the tenant taking one of the following actions:
- Reporting code or wage-price violations.
- Complaining to the landlord about maintenance.
- Participating in a tenant organization.
Sources
- 1 Ariz. Rev. Stat. § 33-1361(A) (2022)
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“Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 [landlord duties] materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days.”
Source Link - 2 Ariz. Rev. Stat. § 33-1324(A) (2022)
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“The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions…”
Source Link - 3 Ariz. Rev. Stat. § 33-1368(A) (2022)
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“Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. …If there is a noncompliance by the tenant with section 33-1341 [duties of tenant] materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than five days after receipt of the notice if the breach is not remedied in five days.”
Source Link - 4 Ariz. Rev. Stat. § 33-1369 (2022)
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“If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.”
Source Link - 5 Ariz. Rev. Stat. § 33-1324(C) & (D) (2022)
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“The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord’s duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section. … [and for] other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling [under similar terms otherwise, if] …[t]he agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.”
Source Link - 6 Stewart Title Trust of Tucson v. Pribbeno, 129 Ariz. 15, 16 (Ariz. Ct. App. 1981)
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“Constructive eviction occurs through intentional conduct by the landlord which renders the lease unavailing to the tenant or deprives him of the beneficial enjoyment of the leased property, causing him to vacate the premises.”
Source Link - 7 Ariz. Rev. Stat. § 33-1366(A)(1) (2022)
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“If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may do either of the following: 1. Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.”
Source Link - 8 Ariz. Rev. Stat. § 33-1361(A) & (B) (2022)
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“The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following: 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family or other person on the premises with the tenant’s consent.
“B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.”
Source Link - 9 Ariz. Rev. Stat. § 12-341.01(A) (2022)
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“In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.”
Source Link - 10 Ariz. Rev. Stat. § 33-1368(B) (2022)
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“A tenant may not withhold rent for any reason not authorized by this chapter.”
Source Link - 11 Ariz. Rev. Stat. § 33-1363(A) (2022)
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“A. If the landlord fails to comply with section 33-1324 [landlord duties], and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.”
Source Link - 12 Ariz. Rev. Stat. § 33-1365(A) (2022)
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“In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, if the landlord is not in compliance with the rental agreement or this chapter, the tenant may counterclaim … [and] if the tenant is adjudged to have acted in good faith and satisfies a judgment for rent entered for the landlord, judgment shall be entered for the tenant in the action for possession.”
Source Link - 13 Ariz. Rev. Stat. § 33-1363(B) (2022)
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“A tenant may not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family or other person on the premises with the tenant’s consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.”
Source Link - 14 Ariz. Rev. Stat. § 33-1381(A) (2022)
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“A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. 2. The tenant has complained to the landlord of a violation under section 33-1324. 3. The tenant has organized or become a member of a tenants’ union or similar organization. 4. The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.”
Source Link - 15 Ariz. Rev. Stat. § 33-1381(A) & (B) (2022)
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“B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession. In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. ‘Presumption’, in this subsection, means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.”
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