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Arizona Landlord Failure to Make Minor Repairs

The Arizona Residential Landlord and Tenant Act allows tenants the following remedy when landlords fail to make minor repairs in a timely manner:

Recover Damages or Repair and Deduct

If the landlord fails to comply with the section Arizona Landlord to Maintain Fit Premises, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under the section Arizona Landlord Noncompliance, or may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.

Tenant Deliberate or Negligent Acts

A tenant may not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family or other person on the premises with the tenant’s consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises.

Article 04. Section 33-1363.

Return to Arizona Landlord-Tenant Laws.