Last Updated on March 18, 2024 by Kelvin Nielsen
Do you sometimes feel as if you are at the mercy of your landlord when it comes to repairs? You shouldn’t! The AZ landlord tenant act guarantees your right to live in a habitable property. This legal requirement is commonly known as the “implied warranty of habitability.”
The implied warranty of habitability applies to most types of residential units, including single-family homes, multi-family units, and condos. If you rent any of these properties, then your landlord must fulfill certain repair responsibilities whenever you request them.
AZ Landlord Tenant Act | Repair Obligations
In order to meet the habitability requirements, the Arizona landlord tenant act requires landlords to provide the following.
- Hot and cold running water. The Arizona Residential Landlord & Tenant Act (ARLTA) specifies that the landlord provides hot water at a temperature of at least 120 degrees Fahrenheit. There is an exception to the hot water requirement, though. For instance, your landlord may not be required to provide it if you’re living in a single-family home and where you’re responsible for the hot water heater. Nonetheless, the landlord must still provide running water.
- A working HVAC equipment. Arizona tenants have a right to a working air conditioning system. ARLTA considers air conditioning to be an essential service that a landlord must provide.
- A working plumbing and electrical system. The systems must be in good and safe working order. Plumbing systems must be able to provide sufficient hot and cold running water. And electrical systems must be able to provide the required power to power up the home’s appliances and fixtures. In addition, electrical outlets, switches, and wiring must be up to code, and the plumbing systems must be free of any leaks or clogs.
- Adequate trash cans. Your landlord must be able to provide appropriate receptacles and conveniences for trash removal. They must also arrange for their removal. The law, however, doesn’t specify the specific type of trash cans that a landlord must provide.
- Ensure the home abides by the state’s safety codes. Among other things, the landlord must ensure that stairs and railings are safe, floors are safe and in good condition, and that the fire exits are clean, safe, and usable. Additionally, the landlord must ensure that no combustible materials are stored in garages, basements, and other storage areas.
- Working smoke and carbon monoxide detectors. This is in accordance with The Arizona Revised Statutes §36-1637 and §36-1638.
- Ensure the home isn’t infested with pests. Here is a guide on Arizona landlord’s responsibility for pest control.
Frequently Asked Questions (FAQs): AZ Landlord Tenant Act | Repairs
Q: What rights do tenants have in Arizona when it comes to repairs?
A: As a tenant in Arizona, there will come a time when you’ll require a repair or maintenance service at your home. From water leaks, to plumbing issues, to electrical problems, to heating and cooling issue, the problems could be many and varied.
And when any of these issues arise, there are specific guidelines that you must follow. First and foremost, notify your landlord first. A phone call is ideal. You may then do follow-ups through email or text.
The landlord will have up to 10 days to fix the issue. (A.R.S. §33-1363). However, when the problem affects the tenant’s health and safety, the remedy must be done within 5 days.
Examples of issues that may impact a tenant’s health and safety in Arizona include the following.
- Water leaks
- Plumbing problems
- Electrical problems
- Heating and cooling problems
- Appliance malfunction
- Broken door or window
- Peeling paint
If you experience any of these issues, contact your landlord for repair immediately.
Q: Can a tenant in Arizona “repair and deduct” when it comes to repairs?
A: Yes! As a tenant in Arizona, you have a right to make the repair yourself and then deduct the money from future rent payments.
Please note, however, that you can only exercise this right if the problem violates the warranty of habitability. For instance, if the building isn’t up to code, some appliances aren’t in working order, or there is no running hot or cold water.
What’s more, the issue must not have been caused by you, your family member, your pets, or your guest.
Also, you must have notified your landlord in writing. The letter must note that if the repair isn’t made within the required timeframe, you’ll hire a licensed contractor to do it on their behalf.
Repairs done this way must not cost more than $300 or a half month’s salary (whichever is greater).
Q: Can a tenant in Arizona withhold rent when it comes to repairs?
A: Yes! This is another legal right you can exercise if your landlord fails to do repairs within the specified timeframe. The following are a couple of things that you must keep in mind if you choose to go this route.
- You can only withhold rent under specific circumstances. The problem must have an impact on either your health or safety.
- You must not withhold rent if the conditions arise from you, your family member, or your guest.
- You can only withhold rent if you have notified your landlord of the issue. There is no legal requirement as to how you must serve the notice to the landlord.
- Your landlord could evict you due to nonpayment of rent. Luckily for you, you may be able to argue yourself out of the eviction by saying that it is the landlord who violated the lease. With that in mind, always proceed carefully before withholding a rental payment.
Conclusion
The AZ landlord tenant act is pretty straightforward when it comes to tenant rights to repairs. It also stipulates what legal options tenants have when repairs aren’t done within the stipulated time frame.
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.
Sources: A.R.S. § 33-1324(A)(1), A.R.S. § 33-1361(B), A.R.S. § 33-1363(A), A.R.S. § 33-1324, A.R.S. § 33-1324, Schaefer v. Murphey, 131 Ariz. 295 (1982), https://caretaker.com/learn/habitability/rent-withholding-laws-in-arizona, https://arizonalegalcenter.org/arizona-tenant-rights/, https://www.azleg.gov/ars/33/01361.htm,
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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.