Arizona Habitability Laws

QUICK FACTS
  • Landlord Responsibilities. Working electrical, plumbing, sanitary, heating, ventilating, air-conditioning and elevators. Must be kept in good condition. (read more).
  • Making Repairs. Landlords are required to make and pay for repairs for items under their responsibility. They must do so within 10 days after receiving a written request from tenants (read more).
  • Tenant Options. If repairs aren’t made in a timely manner, tenants can withhold rent, find substitute housing, and have the right to repair and deduct, and report the issue to a government authority or file a lawsuit (read more).
  • Retaliation. If a landlord is reported to a government authority for housing code violations, it is illegal for a landlord to retaliate, such as by threatening eviction (read more).

The implied warranty of habitability in Arizona does not apply to all types of dwellings. See the table below for which are & aren’t included.

Dwelling TypeLandlord/Tenant Laws Apply?
Single familyYes
Multi-familyYes
Fraternities/Sororities/ClubsNo
RV parksNo
Mobile home parksNo
CondosYes
Hotels/MotelsNo

Rented mobile homes and rented mobile home spaces within mobile home parks are governed by the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11).

Landlord Responsibilities

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Arizona, as indicated below.

Note: some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability IssueLandlord Responsibility?
Provide windows and doors that are in good repair.Not addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.Not addressed
Provide hot and cold running water.Yes
Provide working HVAC equipment.Yes
Provide working plumbing and electrical wiring/outlets/ lighting.Yes
Provide working gas lines if used for utilities/cookingNot addressed
Provide working sanitation facilities (bathtub/shower, toilet).Not addressed
Provide a trash can (for trash pickup services).Yes
Ensure that any stairs and railings are safe.Yes
Ensure that all floors are in good condition and safe.Yes
Provide fire exits that are usable, safe, and clean.Yes
Ensure storage areas, including garages and basements, do not house combustible materials.Yes
Provide working smoke detectorsYes
Provide a mailbox.No
Provide working wiring for one telephone jack.No
Provide working kitchen appliances.No (written agreement)
Provide working carbon monoxide detector.Yes
Provide a working washer/dryer.No (written agreement)

Appliances

Landlords may provide kitchen appliances and/or washers/dryers, but they are not required to provide any of these appliances and services. The landlord and tenant of single family properties can have a written agreement that requires the tenant to be responsible for providing running water, heat/AC, and trash service and any repair/maintenance tasks.

Infestations

Landlords are required to ensure that rental units are not infested with rodents, insects, or “vermin.” Landlords are also prohibited from renting multi-family units known to have bedbugs and are required to provide a tenant with educational material about bed bugs.

Making Repairs

Landlords are required under Arizona law to make repairs and do what is necessary to keep the property in a fit and habitable condition.

  • Sending Notice – If a tenant requests repairs, they must put their request in writing to the landlord. The landlord shall be given 10 days within receipt of the notice to fix the problem.
  • Landlord Access – Under ordinary circumstances, the landlord shall provide at least 2 days notice before entering the premises and is only allowed to do so at reasonable times. In case of an emergency, the landlord may enter the property without the permission of the tenant.

Tenant’s Options if Repairs Aren’t Made

If repairs aren’t made within 10 days, the tenant has a few possible options for resolving the issue.

  1. Withhold rentunder Arizona laws, the tenant has the right to withhold rent if the landlord fails to make repairs in a timely manner.
  2. Repair and deduct
    • Self-help for minor defects – if the issue can be fixed for less than $300 or half the monthly rent, tenants have the right to repair the issue themselves and deduct a reasonable amount for the repair from the following month’s rent.
    • Substitute housing – tenants also have the option to look for reasonable substitute housing until the landlord fixes any habitability issue. The tenant may pay a prorated amount for the rent. Additionally, the cost of the substitute housing may be deducted from the following month’s rent or if the cost for substitute housing exceeds the amount of the rent for that period, the tenant may also recover up to 25% of the exceeding amount.
  3. Lawsuit – tenants may file a claim in court to recover damages if landlord fails to take care of important repairs.
  4. Reporting to Public Officials – landlords can be reported to a Government authority in the event of any building or health code violation.

Landlord Retaliation

Under Arizona laws, landlords are prohibited from harassing or retaliating against tenants who exercise their rights by:

  • Filing an official complaint to a Government Authority about a building or health code violation
  • Being involved in a tenant’s organization or joining a tenants’ union
  • Withholding rent
  • Filing an action against the landlord in the appropriate court

Retaliation will be assumed if the landlord responds negatively within 6 months. Retaliatory actions by the landlord include:

  • Raising the rent
  • Trying to remove or evict the tenant from the property
  • Cutting off essential services such as gas or water supply
  • Interfering with other rights given to the tenant under the lease

Sources