We cannot say it enough. You must know your tenant rights in order to enforce them against your landlord and to protect yourself. Among a number of other rights, when you pay rent you have a tenant right to repairs. Because some landlords are actually slumlords, just having a right is not enough. You need to understand the law and let your landlord know you understand it. We get that no one wants to read the boring statute or code, so we are giving you state specific Tenant Tip Sheets with the most important parts. Arizona tenants – you’re up first. If you live in another state and want to move your state up in the process, let us know by leaving a comment with your city and state.
ARIZONA TIP SHEET
TENANT RIGHT TO REPAIRS
LANDLORD REPAIR OBLIGATIONS
- Comply with building code requirements that materially affect health and safety
- Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
- Maintain in good and safe working order and condition all electrical, plumbing, heating, ventilating, air-conditioning and other facilities and appliances, supplied or required to be supplied by the landlord
- 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
ARS § 33-1324 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01324.htm
TENANT RIGHT TO REPAIR AND DEDUCT
If the landlord does not comply with its obligations under ARS 33-1324 AND the reasonable cost of compliance is equal to or less than one-half the monthly rent amount, your tenant rights allow you to repair and deduct. To use this tenant right, you must FIRST notify the landlord in writing. Your written notice must include the following:
- Identify the problem to be repaired
- Tell the landlord that if they do not promptly fix the problem, then you will exercise your tenant right to correct the condition at the landlord’s expense
You then have to wait up to 10 days to give the landlord an opportunity to make the repair. If the landlord still fails to comply by fixing the problem within 10 days after being notified in writing (or sooner in the case of emergency conditions), then you can have the work done by a licensed contractor or licensed repairperson.
After the repair is made, in order to deduct that amount you paid, you must submit an itemized statement or invoice AND a waiver of lien to the landlord. You can then deduct the actual and reasonable cost paid for the work from the monthly rent. The amount deducted cannot exceed one-half of the monthly rent amount.
***If you, a family member, or a guest of yours caused the problem that must be fixed, you cannot repair and deduct***
ARS § 33-1363 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01363.htm
TENANT RIGHT TO ESSENTIAL SERVICES (HOT WATER, HEAT, & A/C)
If you are without an essential service, you must provide your landlord with written notice. If after receiving your written notice, your landlord deliberately or negligently fails to fix the problems and supply you with hot water or heat or air-conditioning when required by weather conditions, your tenant rights allow you to do one of the following:
- Procure the essential service the landlord failed to provide and deduct the actual reasonable cost from the rent OR
- Recover damages based upon the diminution (decrease) in the fair rental value of the dwelling unit OR
- Procure reasonable substitute housing during the period of the landlord’s noncompliance. For the period of time the tenant is in substitute housing, they are not required to pay rent. In addition, if the cost of the substitute housing is more than the rent, the tenant can recover the excess cost up to an amount that does not exceed 25% of the amount of monthly rent that was not paid.
ARS § 33-1364 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01364.htm
That’s it folks – the most important parts of the repair sections of the Arizona landlord-tenant laws in a nutshell. When you have a problem with your landlord, knowing what tenant rights you are entitled to by your state’s law and, more importantly, knowing the steps you have to take to enforce those rights is invaluable. If you think you could use additional help in resolving issues with your landlord, check out Our Services at https://protenantagency.fairness4tenants.com/our-services/. If you have effectively used your state’s landlord-tenant laws against your landlord and to enforce your tenant rights, we’d love to hear about it. Leave a comment sharing your experience with us.
We are currently working on Tenant Tip Sheets for other states. If you’d like your state to move to the top of the list and get its Tip Sheet done earlier, let us know by leaving a comment with your city and state.