Arizona landlord repair laws: written notice, ten days and a capped repair-and-deduct right
When an Arizona landlord fails to meet the duty to keep a rental fit and habitable, A.R.S. 33-1363 lets the tenant give written notice and, after ten days, hire a licensed contractor and deduct the cost from rent. The deduction is capped at the greater of $300 or one half of the monthly rent, and in an emergency the landlord must act as promptly as conditions require.
When does the Arizona repair right apply?
Section 33-1363 applies when the landlord fails to comply with section 33-1324, the duty to maintain a fit and habitable home, and the cost of fixing the problem is below the statute's dollar limit. It is a tool for minor defects, which is why the statute is titled self-help for minor defects. Large repairs fall outside it.
Two exclusions matter to owners. A tenant cannot use it if the tenant, a family member, or someone the tenant allowed on the premises caused the condition by a deliberate or negligent act or omission. And it does not reach a condition that does not breach the fit and habitable requirement, such as a cosmetic wish.
What must the tenant do first, and how long does the landlord have?
The tenant must tell the landlord in writing that the tenant intends to fix the condition at the landlord's expense. The landlord then has 10 days after the written notice to comply. In an emergency the statute asks for action "as promptly thereafter as conditions require." The tenant can instead pursue damages for the breach under section 33-1361(B).
Example a made-up tenant in Mesa sends a written notice on the 3rd that a bedroom window will not lock. The landlord does nothing. On the 14th, the tenant may hire a licensed contractor, with a rent of $1,400 giving a cap of $700 (the greater of $300 or half of $1,400).
How much can a tenant deduct?
- The cap is the greater of $300 or one half of the monthly rent.
- Only the actual and reasonable cost may be deducted, up to that cap.
- The work is done by a licensed contractor.
- Before deducting, the tenant gives the landlord an itemized statement and a waiver of lien.
The itemized statement and lien waiver are the details an owner can check. A deduction that arrives without them does not meet the statute's terms. The page I read for this article covered subsections A and B only, so rent withholding and termination rights, which Arizona handles in other sections, are not described here.
What should an Arizona owner do within the ten days?
- Confirm the notice is in writing and states the condition.
- Schedule the repair at once and tell the tenant the date.
- If the fix needs parts, say so in writing and give an expected date.
- Photograph the finished work and keep the invoice.
A fast, documented response usually ends the matter before the tenant's contractor is ever hired. If the tenant's cost is reasonable and the notice was proper, expect to accept the deduction.
What belongs in your log?
Record the date the written notice arrived, the condition described, the date you scheduled the repair, the date it was completed and who did it. If a tenant later claims ten days passed, your log answers with dates instead of memory. Keep any itemized statement and lien waiver the tenant sends with the matching work order.
How DoorKeeping fits in Arizona
DoorKeeping takes a Arizona tenant's repair request as a work order tied to the unit, with the date it arrived, the photos and every reply in one thread. The ten-day clock starts from a message you can date, which is the whole point of keeping requests in one place. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How long does an Arizona landlord have to make a repair after written notice?
- 10 days after the tenant's written notice, and as promptly as conditions require in an emergency (A.R.S. 33-1363).
- How much can an Arizona tenant deduct for a repair?
- Up to the greater of $300 or one half of the monthly rent, for the actual and reasonable cost.
- Can an Arizona tenant make a repair they caused and deduct it?
- No. The remedy does not apply to conditions caused by the tenant, a family member, or someone the tenant allowed on the premises.