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Arizona Tenant Rights To Withhold Rent Or “Repair and Deduct”

As a tenant in Arizona, it is important to be aware of your rights and responsibilities. One of the most pressing concerns for tenants is ensuring the rental property is maintained in a habitable condition. But what happens when your landlord fails to make necessary repairs? Can you withhold rent or utilize the “repair and deduct” remedy?

Understanding the Landlord’s Obligation

First, you need to understand the landlord’s obligation to maintain the rental property. Under Arizona law, landlords are legally required to provide a rental property that is safe and habitable. This includes ensuring that essential services such as plumbing, heating, and electrical systems are in good working order.

Tenant Rights to Withhold Rent in Arizona

Arizona Revised Statutes § 33-1364 governs the rights of tenants to withhold rent when their landlord fails to make necessary repairs. Here are some key points to consider:

  1. Written Notice: Before withholding rent, tenants must provide written notice to the landlord detailing the necessary repairs. This notice should clearly state the issues that need attention, request repairs, and set a reasonable deadline for completion.
  2. Time Frame: Landlords are given ten days to address and remedy the issues stated in the written notice. If the repairs are not made within this timeframe, tenants may proceed with withholding rent or using the “repair and deduct” remedy.
  3. Escrow Account: If tenants decide to withhold rent, they must deposit the withheld amount into an escrow account. This account should be held by a neutral third party, such as a court. This is to ensure that the rent is available for the landlord once the repairs are completed.
  4. Limited to Essential Services: It’s important to note that rent withholding is only applicable for essential services such as heating, plumbing, or electrical problems. Cosmetic issues or non-essential repairs are not typically covered.

Tenant Rights to “Repair and Deduct”

The “repair and deduct” remedy allows tenants to make the necessary repairs themselves and deduct the cost from their rent. Here are the key points:

  • Same Notice Requirement: Similar to withholding rent, tenants must first provide written notice to the landlord. It should specify the needed repairs and set a reasonable deadline.
  • Cost Limit: The cost of repairs that tenants can deduct from their rent is limited to $300 or half of the monthly rent, whichever is greater. This limit is subject to change, so it’s crucial to consult the latest Arizona statutes.
  • Professional Repairs: Tenants must ensure that the repairs are carried out by a qualified professional. It could be licensed contractor, or handyman with relevant expertise. To support the deduction, providing receipts and documentation is a must.
  • Keeping Records: Tenants should maintain detailed records of the repairs, including invoices, receipts, and photographs, to prove their claim.
  • Immediate Notice: After completing the repairs, tenants must immediately notify the landlord of the work done and deduct the cost from their next month’s rent.

In Arizona, tenants have rights to withhold rent or utilize the “repair and deduct” remedy when their landlord fails to address necessary repairs. However, it’s essential to follow the proper procedures and maintain clear documentation to protect your rights as a tenant. Remember that these remedies are limited to essential services, and tenants should always consult with an attorney or legal expert for guidance in specific situations.

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