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Arizona Landlord to Maintain Fit Premises

The Arizona Residential Landlord and Tenant Act sets forth the following responsibilities for maintaining a rental property so tenants have a healthy, safe, and secure place to live:

Landlord Responsibilities

The landlord shall:

  • Comply with the requirements of applicable building codes materially affecting health and safety as prescribed under the law in section 9-1303.
  • Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
  • Keep all common areas of the premises in a clean and safe condition.
  • Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.
  • Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
  • Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

Assigning Tenant Responsibility for Single Family Residences

The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord’s duties regarding waste receptacles, running water, hot water, heat and air conditions, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with building codes or the property’s habitable condition.

Assigning Tenant Responsibility for Other Dwellings

The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

  • The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.
  • The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
  • The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

Article 02. Section 33-1324.

Return to Arizona Landlord-Tenant Laws.

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