HomeLandlord problems
Landlord problems and habitability in Arizona
The Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1301 et seq., requires a landlord to keep a rental fit and habitable: to comply with building and health codes, make repairs, and keep plumbing, electrical, heating, air conditioning where supplied, and running water working (§ 33-1324). The remedies run on written notice. Under § 33-1361, a tenant who gives the landlord written notice of a material noncompliance may terminate the lease if it is not fixed within ten days, or five days where health and safety are at stake, and may recover damages. Separate sections cover repair-and-deduct (§ 33-1363), essential services such as cooling and water (§ 33-1364), and illegal lockouts (§ 33-1367). The remedies depend on that written notice, so the letter is where Blueshoe starts.
What Blueshoe does
The groundwork, in order, before you decide anything.
- 01
Draft the notice that starts the clock
A written notice under § 33-1361 or § 33-1364 that names the problem, cites the landlord's duty, and states the deadline the statute sets, delivered in a way that proves receipt. Most tenant remedies in Arizona are unavailable until this letter exists.
- 02
Build the record
Dated photos and video, every text and email with the landlord or manager, repair requests, the lease, and any code inspection. Habitability cases are won on a timeline, so Blueshoe assembles one.
- 03
Map the remedies to your facts
Terminate and move, repair and deduct within the statutory limit, substitute housing during an essential-services failure, a code enforcement complaint, or damages, each with its own conditions, laid out so you can choose without guessing.
- 04
An attorney can step in
A licensed Arizona attorney can review the file, send the notice on letterhead, defend a retaliatory eviction, or bring the claim in justice court, on terms stated in writing first.
What the law says
What the law says about landlord duties in Arizona
What is my landlord required to do under Arizona law?
Under A.R.S. § 33-1324, a landlord must comply with building codes materially affecting health and safety, make the repairs needed to keep the premises fit and habitable, keep common areas clean and safe, maintain the electrical, plumbing, heating, and air conditioning systems the landlord supplies, and provide running water, hot water, and reasonable heat and cooling.
My landlord ignores repair requests. What can I do?
Give written notice under A.R.S. § 33-1361 stating the problem and that the lease will terminate on a date not less than ten days out, or five days for a health or safety issue, if it is not fixed. If the landlord does not fix it, you may terminate, move, and recover damages. Keep a copy and proof of delivery.
A text to the property manager is a start; a dated letter that tracks the statute's language is what the court will look for.
Can I fix it myself and deduct the cost from rent?
For smaller problems, yes, within limits. Under A.R.S. § 33-1363, after written notice and the same ten-day or five-day period, a tenant may have the repair done by a licensed contractor and deduct the cost, up to the greater of $300 or one-half of one month's rent, with an itemized statement and the receipt given to the landlord.
The air conditioning is out in summer. Is that different?
Yes. Under A.R.S. § 33-1364, if a landlord deliberately or negligently fails to supply running water, gas or electric service, or reasonable heat or air conditioning, a tenant who has given reasonable notice may procure the service and deduct its cost, recover damages for the rental's reduced value, or take substitute housing while rent is excused, within statutory limits.
My landlord changed the locks or shut off the power. What now?
That is an unlawful ouster under A.R.S. § 33-1367, which bars a landlord from excluding a tenant or cutting off services to force a move. The tenant may recover possession or terminate the lease and, either way, recover up to two months' rent or twice the actual damages, whichever is greater. The only lawful route to possession runs through the court.
What it costs
Free to ask. A flat fee, quoted before any work.
Asking costs nothing, and a licensed Arizona attorney can review your situation before you decide anything. If you engage Blueshoe, the fee is a flat amount set out in a written engagement agreement before any work is billed. Some matters resolve with one letter; others need a filed claim; you know the price for each before you commit.
- Free to ask
- Written assessment before any fee
- Engagement terms in writing
- No billable hours
Questions people ask
Not safely. Withholding rent without following the act's notice provisions invites a five-day nonpayment notice and an eviction that moves in days. The act gives specific routes, termination after notice, repair and deduct, and the essential-services remedies, and each has conditions. Use one of those, in writing, rather than simply not paying.
More under Home
- Security depositsMoved out, left it clean, and the deposit never came.Read more
- Eviction defenseA five-day notice on the door, a summons with a court date next week.Read more
- HOA disputesA fine without notice, an assessment lien, a denied paint color, rules enforced against you and not your neighbor.Read more
Legally reviewed by Catherine O’Grady, State Bar of Arizona No. 011647
Managing partner & chief compliance officer · 30+ years in practice · Reviewed 2026-10-08 · Full bio →