Habitability & Repairs in Arizona
Arizona law requires landlords to maintain rental properties in a habitable condition. This includes complying with building codes affecting health and safety, making necessary repairs, and providing essential services.
- Repairs
- Landlords must comply with applicable health and safety building codes and keep premises fit and habitable.
- Services
- Running water and reasonable hot water are required; seasonal heat and installed/offered cooling are subject to statutory exceptions.
- Agreements
- Limited maintenance agreements require writing, adequate consideration and good faith; essential code and habitability duties cannot be evaded.
Obligations for Arizona Landlords
Maintain premises, common areas and supplied systems under § 33-1324. Supply water and reasonable hot water, and seasonal heat and installed/offered cooling, subject to the statute’s building and tenant-controlled utility exceptions. Certain duties or tasks may be assigned by agreement, but statutory safeguards apply. For non-single-family units, the agreement must be separately signed, supported by adequate consideration, and must not affect duties to other tenants.
Rights and Responsibilities for Arizona Tenants
Report defects and retain records. A maintenance agreement cannot be used to evade basic building-code and habitability obligations. Both single-family and other rentals can have limited written task agreements if the statutory conditions are met. Section 33-1324 states landlord duties; it does not itself authorize withholding rent.
33-1324. Landlord to maintain fit premises A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph. C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section. D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: 1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration. 2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section. 3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
- Must an Arizona landlord provide air conditioning?
- The statute requires maintenance of supplied systems and reasonable seasonal cooling where units are installed and offered, subject to its exceptions.
- Can tenants agree to maintenance tasks?
- Yes, subject to written agreement, adequate consideration, good faith and the other safeguards in subsections C and D.
- Who maintains common areas in Arizona rentals?
- Section 33-1324 requires the landlord to keep common areas clean and safe. A maintenance agreement for a non-single-family unit cannot diminish the landlord’s obligations to other tenants.
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Important: This page quotes and summarizes statutes for general information. It is not legal advice and does not create an attorney-client relationship. Statutes are amended; verify against the official source linked above. For advice on your situation, consult a licensed attorney in your state.
Sources and summary checked: 2026-09-26