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Arizona Landlord Failure to Deliver Possession

The Arizona Residential Landlord and Tenant Act allows tenants the following remedies when landlords fail to allow access to the rental property once a rental agreement is signed:

Tenant Remedies

If the landlord fails to deliver physical possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may do either of the following:

  • Upon at least five days’ written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.
  • Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

If the landlord fails to deliver constructive possession to the tenant because of noncompliance with the section Arizona Landlord to Maintain Fit Premises, rent shall not abate. Tenant may proceed with the remedies provided for in the section Arizona Landlord Noncompliance.


If a person’s failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater.

Article 04. Section 33-1362.

Return to Arizona Landlord-Tenant Laws.