Under the law, tenants are able to withhold rent or repair and deduct from their rent any critical repairs to a rental unit that affect its habitability.
This would include the need for heat, air conditioning in some jurisdictions, or hot water if they have given their landlord a written notice for the need to have a repair done.
Here are some more key points of Arizona landlord tenant law to consider as well.
1. There Are Limits On Security Deposits.
Arizona landlords are restricted to a security deposit that is up to 1.5x the amount of the monthly rent that is charged for a rental unit.
Once a tenant moves out, the tenant is required to receive their deposit within 14 days or an itemized list that shows why a deposit amount has been reduced.
2. Tenants Must Receive a 5 Day Notice.
Tenants who get behind on their rent must receive a 5 day notice to get back into compliance.
If the tenant pays their past due rent in full during this notice period, then a landlord cannot proceed with the eviction process.
If a check comes back as NSF, then the 5 day notice period still applies and landlords are allowed to collect a service fee of up to $25.
3. Landlords Must Give 48 Hours Notice For Entry.
Tenants in Arizona are allowed to have a reasonable and private enjoyment of their rental unit.
This means any inspections must be accompanied by a notice of entry that is 2 days’ in advance and preferably in writing.
Emergency situations or court-ordered entries override this stipulation of Arizona’s landlord tenant law.
4. Unconditional Quit Notices Are Allowed In Arizona.
If a landlord discovers a tenant did not disclose a criminal record on their application, then the landlord tenant law allows for a 10 day unconditional quit notice.
This means the tenant must move out or face the eviction process as there is no way to rectify the situation.
These key points of Arizona landlord tenant law are not intended to answer every question that may arise from this business relationship.
For specific answers, be sure to consult the actual statutes that govern your situation or speak with a knowledgeable attorney regarding how to proceed.