Last Updated on October 21, 2023 by Kelvin Nielsen
As a tenant in Arizona, you have certain legal rights as per the Arizona Residential Landlord & Tenant Act (ARLTA). And among these is your right to live on a property that meets the state’s basic health and safety codes.
This legal requirement is primarily governed by ARS §33.1341, and is commonly referred to as the “implied warranty of habitability.” The warranty outlines the rights Arizona tenants have when it comes to livability issues.
In today’s blog, we’ll walk you through everything you need to learn about the 5 day health and safety notice to landlord in Arizona.
5 Day Health and Safety Notice to Landlord In Arizona
The following are answers to commonly asked questions on the topic.
What is a 5 day health and safety notice?
This is a written notice that you can give your landlord when facing a health and/or safety hazard in the rental unit. In the notice, you must specify the hazard, as well as state that you may break the lease without penalty if the hazard isn’t fixed within 5 days.
The notice must contain the following information.
- Your name and address.
- The rental unit’s name and address.
- The landlord’s name and address.
- A description of the problem causing the health and/or safety risk.
- A statement that you may terminate the lease agreement if the landlord fails to fix the issue within 5 days.
- Your signature and date.
It’s important to note that the notice must be delivered to your landlord in writing. You can deliver it in person, or by certified- or registered mail. If you deliver the notice in person, insist that the landlord gives you a receipt acknowledging receipt of the notice.
The following is an example of the 5 day health and safety notice to landlord Arizona.
What should you do if the landlord fails to comply to the 5 day health and safety notice?
If your landlord doesn’t fix the issue within 5 days, you’ll have two options to consider.
The first option would be to terminate the rental agreement. You must notify your landlord of your intention to break the lease, and deliver the notice the same you did with the 5 day health and safety notice.
The second option would be to sue the landlord for damages. In the lawsuit, you’ll need to prove that the landlord has failed to make the requested repair and that the issue has caused you damages, such as lost rent or medical expenses.
If you’re successful in the lawsuit, the landlord may be ordered to pay you damages, as well as your court and attorney fees.
What issues can impact a tenant’s health and safety in Arizona?
It’s important to note that the 5 day health and safety notice only applies to serious issues that pose a health or safety hazard. The following are examples of such issues.
- Pest infestations. Pests, such as mice, rats, and cockroaches can severely affect your health. They can lead to diseases, as well as cause property damage. Please note, however, that you cannot hold your landlord liable for the repairs if the problem arose from your negligence or carelessness.
- Water leaks. Water leaks can cause a number of serious issues, including mold growth and property damage.
- Unsafe plumbing or electrical wiring. Your Arizona landlord has a duty under the implied warranty of habitability to provide you with a home with proper plumbing and electrical wiring systems.
- Defective appliances. State law doesn’t obligate landlords to provide any appliances, such as kitchen appliances or a washer or dryer. That said, if the lease promises to provide any appliance, then the landlord must ensure the appliance is working as it should.
- Unsafe structural conditions. Arizona law requires that landlords provide a home that is in good condition and safe. If the home has unsafe floors and rails, or large foundation or wall cracks, your safety could be at risk.
What to do if you’re concerned about your health and safety in Arizona?
The following are some tips to keep in mind if you’re concerned about your health or safety.
- Record the issue you’re experiencing, including the date you reported the issue to the landlord.
- Document the issue by taking photos and videos.
- Contact a healthcare provider if the issue is having a toll on your health.
- Contact a local housing authority for safety issues.
Arizona law gives tenants a bevy of rights. And among these is the right to notify the landlord of serious health and/or safety issues impacting them. However, please note that you can only use the 5 day health and safety notice to landlord in Arizona only when facing serious issues.
For all other issues, you must give your landlord a 10 day notice to remedy the issue.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.