What can I do if my landlord won't fix uninhabitable conditions in Arizona?

1. Implied Warranty of Habitability — Codified in the Arizona Residential Landlord and Tenant Act (ARLTA), A.R.S. § 33-1324, requiring landlords to comply with building/housing codes; make repairs to keep premises fit and habitable; maintain common areas; supply running water, hot water, and reasonable heat. Non-waivable.

2. What Counts as Uninhabitable — Lack of running water, hot water, heat (when essential), sewage, electrical, structural defects, pest infestation, unsafe locks, mold. A/C in summer is essential in Arizona (deemed essential service).

3. Tenant Notice to Landlord — Under § 33-1361, written notice specifying breach and stating lease will terminate in 10 days if not cured in 5 days for material noncompliance, or shorter for essential services (§ 33-1364: 5-day notice if no heat/water/A/C in summer).

4. Repair-and-Deduct — § 33-1363 allows tenant to repair minor defects after 10-day notice and deduct cost, capped at the greater of $300 or one-half month's rent.

5. Rent Withholding / Escrow — § 33-1364(A) permits tenant to procure substitute housing and recover the cost (capped at the rent during the period of noncompliance) if landlord fails to provide essential services. No general statewide rent escrow procedure.

6. Constructive Eviction — § 33-1361 termination remedy; § 33-1364 allows tenant to terminate for essential service failures.

7. Affirmative Defense to Eviction — Habitability breach is a defense in special detainer (eviction) actions when proper notice procedures were followed.

8. Damages & Penalties — Rent abatement, actual damages, substitute housing costs, attorney fees to prevailing party in many cases (§ 33-1377), and termination remedies.

9. Retaliation Protection — A.R.S. § 33-1381 prohibits retaliation (eviction, rent increase, service reduction) for complaints to government agencies or assertion of rights. Landlord must show non-retaliatory reason.

This is legal information, not legal advice.