In Arizona, a landlord’s obligation for providing a habitable living space is primarily governed by ARS §33.1341. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot/Cold Water, HVAC, Trash Can, Electrical, Stairs/Railings, Fire Exits, Floors, Smoke/Monoxide Detectors |
| Time Limit for Repairs | 10 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Arizona
The implied warranty of habitability in Arizona does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | No |
| Mobile home parks | No |
| Condos | Yes |
| Hotels/Motels | No |
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 in Arizona
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 Issue | Landlord 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/cooking | Not 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 detectors | Yes |
| Provide a mailbox. | No |
| Provide working wiring for one telephone jack. | No |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | No |
Appliances
Landlords may provide kitchen appliances and/or washers and 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 and AC, and trash service and any repair or 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.
Repairs, Recourse & Retaliation in Arizona
If a rental property is in violation of the implied warranty of habitability in Arizona, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Arizona
Arizona tenants must request repairs in writing. To reserve an 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.”
Renter’s Rights if Repairs Aren’t Made in Arizona
Arizona renters could end the rental agreement, repair and deduct (for minor repairs), or get a court order for repairs or compensation when repairs haven’t been made by the landlord within the appropriate time after proper notice. However, the renter usually can’t withhold rent. Read More
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 doing one of the following:
- Reporting code or wage-price violations.
- Complaining to the landlord about maintenance.
- Participating in a tenant organization.
The tenant can respond by suing for quiet enjoyment of the property. The tenant might also end the rental agreement. In either case, the tenant can recover attorney fees, plus double the expenses associated with the retaliation (minimum of two months’ rent).
