Arizona Statewide Rule
Arizona Warranty of Habitability
Key Facts
- Core duty
- Fit and habitable premises (A.R.S. § 33-1324)
- Health/safety remedy
- Terminate if not fixed in 5 days (§ 33-1361)
- Other material breach
- Terminate if not fixed in 10 days
- Repair-and-deduct
- Up to greater of $300 or half a month's rent (§ 33-1363)
Summary
A.R.S. § 33-1324 requires Arizona landlords to keep rentals fit and habitable: meeting building codes, maintaining electrical, plumbing, heating and cooling systems, and supplying running water and heat. If a landlord fails to act, A.R.S. § 33-1361 lets tenants terminate after a 5-day or 10-day notice, and § 33-1363 allows repair-and-deduct.
33-1324. Landlord to maintain fit premises A. 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.
Full Breakdown
A.R.S. § 33-1324 obligates the landlord to 'comply with the requirements of applicable building codes materially affecting health and safety,' 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition,' maintain electrical, plumbing, heating, ventilating and air-conditioning systems in good working order, and supply 'running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling.' If the landlord breaches, A.R.S. § 33-1361 lets the tenant terminate if the issue is not fixed within five days (health and safety) or ten days (other material breaches). A.R.S. § 33-1363 permits repair-and-deduct up to the greater of $300 or one-half the monthly rent.
Violations & Penalties
No specific statutory penalty. Tenants may terminate the lease, sue for damages and obtain injunctive relief, or use repair-and-deduct; courts may also award the larger of damages or one month's rent for certain unlawful landlord conduct.
Frequently Asked Questions
How long does an Arizona landlord have to make repairs?
Can an Arizona tenant repair and deduct?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.