The Arizona Residential Landlord and Tenant Act allows tenants the following remedies when landlords violate the terms of a lease agreement or provide false information:
Material Noncompliance or Falsification
If there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
Note: For the purposes of this section, material falsification includes false information relating to availability of the unit (except when a holdover tenant is in illegal possession or in violation of the rental agreement) the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services.
Health and Safety Noncompliance
If there is a noncompliance by the landlord with section Arizona Landlord to Maintain Fit Premises materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days.
Terminating Tenancy for Noncompliance
The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:
- If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
- The tenant may not terminate for a condition 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.
Damages and Injunctive Relief
Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section Arizona Tenant Early Lease Termination or Arizona Landlord to Maintain Fit Premises. This remedy is in addition to any right of the tenant arising under the subsection Material Noncompliance or Falsification.
Note: If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section Arizona Security Deposits and Prepaid Rent.
Article 04. Section 33-1361.
Return to Arizona Landlord-Tenant Laws.