Arizona Renter’s Rights for Repairs

Arizona Renter’s Rights for Repairs

Last Updated: February 10, 2023

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.

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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.

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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.

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