Arizona Tenant Rights During Building Repairs

If you're renting in Arizona and your building is undergoing repairs, it's important to understand your rights and what protections are available. Arizona state laws set out clear rules about notice requirements, habitability, temporary relocation, and what to do if repairs become disruptive. Here’s what every renter in Arizona should know.

Your Legal Rights When Major Repairs Are Needed

Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10), landlords must keep your rental unit "fit and habitable." This means making timely repairs to essential services such as heating, plumbing, air conditioning, and safety measures. If your home is unsafe or unlivable during repairs, you have specific protections.

Landlord's Repair Duties in Arizona

• Provide at least 2 days’ written notice before entering your unit for non-emergency repairs (A.R.S. § 33-1343).
• Complete repairs in a reasonable time frame after notification.
• Maintain safe, sanitary, and functional living conditions at all times.

What If Repairs Make Your Unit Uninhabitable?

If a repair makes your rental unsafe or “uninhabitable” (for example, no running water, heat, or structural damage), Arizona law allows you to take action:

• Request the landlord to fix the issue in writing.
• If not fixed in 5-10 days (depending on severity), you may have the right to terminate the lease or obtain temporary housing. Always check the specific timelines in the law.

Relocation and Compensation Options

• If your landlord offers comparable temporary housing, you must usually accept it while repairs are made.
• If your unit cannot be occupied due to landlord-caused issues, you may not owe rent for those days (see A.R.S. § 33-1368).
• If the problem is not caused by you or your guests, you could seek a rent reduction or lease break.

If your home becomes unlivable due to repairs, document everything, communicate in writing, and keep copies of notices exchanged with your landlord.

Official Forms for Arizona Tenants

• Notice of Material Noncompliance (A.R.S. § 33-1361 Form):
  You may use this notice when the landlord fails to provide essential services or make necessary repairs. Send it in writing and keep a copy. Find guidance and a sample letter on the Arizona Department of Housing Renter Resources.
• 5-Day Notice to Repair:
  This written notice applies when repairs are urgent. You give this notice in writing, specifying the issue and the deadline. If unaddressed, you may be able to terminate the agreement. Sample templates are available from the same official Arizona Housing portal.
• Complaint Form to Arizona Residential Landlord and Tenant Board:
  This can be used if your landlord refuses needed repairs despite notice. Download and submit the form provided by the Arizona Department of Housing.

Filing these forms helps create a record in case the dispute escalates. Always use certified mail or another trackable method when sending official notices.

If Repairs Cause You to Leave Temporarily

If repairs require moving out temporarily, the landlord should either:

• Provide similar alternative housing, or
• Make appropriate arrangements for you to return as soon as repairs are complete

In most cases, you don’t pay rent during periods when the home is uninhabitable (unless alternative accommodation is provided). For more, see official Arizona Tenant Rights resources.

Who Handles Tenant Disputes in Arizona?

Tenant-landlord disputes in Arizona are typically handled by the Arizona Superior Court’s Civil Division or local Justice Courts. Guidance is also available from the Arizona Department of Housing.

Relevant Tenant Legislation

For more details, see the full text of the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 et seq.), which covers duties, repair obligations, temporary relocation, and eviction protections.¹

Frequently Asked Questions

1. What notice does my landlord have to give before making repairs?
   Landlords must give at least two days’ written notice before entering your home for repairs, except in emergencies.
2. Can my landlord make me move out for building repairs?
   If the repairs make your home uninhabitable, the landlord may arrange temporary housing or rent relief. They cannot evict you just for asking for repairs.
3. Do I have to pay rent if I can’t live in my unit during repairs?
   No, if your unit is uninhabitable due to landlord-required repairs and no alternative accommodation is provided, you do not have to pay rent for those days.
4. How do I file an official complaint if repairs are ignored?
   You can send a written notice to your landlord and then submit a complaint to the Arizona Department of Housing if the problem continues.
5. What is considered an emergency repair?
   Emergencies include plumbing failures, lack of heat or air, or conditions that threaten health and safety. In emergencies, immediate entry by the landlord is allowed.

Conclusion: Key Takeaways for Arizona Tenants

• Your landlord must provide notice and keep your home habitable under the law.
• If repairs make your unit unlivable, you have rights to temporary accommodation, rent relief, or lease termination.
• Use official forms and contact state agencies if your repair issues are not resolved promptly.

Knowing your tenant protections during building repairs helps ensure a safe, stable living environment.

Need Help? Resources for Renters

• Arizona Department of Housing: Tenant Rights and Forms
• Arizona Courts: Renter Self-Service Center (filing disputes and forms)
• AZLawHelp.org - Arizona Legal Aid
• For urgent disputes, contact your local Justice Court

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1. For full tenancy statutes, visit the Arizona Revised Statutes Title 33 – Property.
2. For official complaint and information forms, visit the Arizona Department of Housing.
3. For court or tribunal information, see Arizona Courts: Renter Self-Service Center.

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