Subject: Arizona Letter from Tenant to Landlord — Notice of Use of Repair and Deduct Remedy Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention certain repairs required in my rental unit, located at [Address of Rental Property]. As per my rights as a tenant under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10), I hereby exercise the repair and deduct remedy outlined in A.R.S. § 33-1363. Firstly, I wish to express my appreciation for your prompt attention to maintenance matters in the past. However, despite multiple verbal requests concerning the repairs listed below, they have yet to be adequately addressed. Therefore, I find it necessary to pursue the repair and deduct remedy. [List of Repairs] 1. [Describe the first repair issue in detail, including its impact on habitability or safety] 2. [Describe the second repair issue in detail, including its impact on habitability or safety] 3. [Describe the third repair issue in detail, including its impact on habitability or safety] According to A.R.S. § 33-1363, as a tenant, I have the right to have these repairs completed within a reasonable time frame. If the landlord fails to address these repairs within fourteen (14) days from the receipt of this notice, I will proceed with the repair and deduct remedy, in which I will hire a licensed contractor to complete the necessary repairs. The cost of the repairs will be deducted from my next rental payment. Please understand that my intention is not to disregard my financial obligations as a tenant, but rather to ensure that the rental unit is brought back to a habitable and safe condition in compliance with Arizona law. I believe the repair and deduct remedy is a reasonable course of action when all verbal attempts to secure these repairs have yielded no results. I kindly request that you acknowledge receipt of this notice in writing and provide a response within five (5) business days to avoid further escalation of this issue. Additionally, it would be greatly appreciated if you could arrange for these repairs to be scheduled as promptly as possible. Thank you for your prompt attention to this matter. I look forward to your timely response and the immediate resolution of the maintenance concerns outlined. Yours sincerely, [Your Name] [Tenant's Contact Information] Different Types of Arizona Letters from Tenant to Landlord containing Notice of Use of Repair and Deduct Remedy: 1. Emergency Repair Notice: If there is an immediate repair issue posing an immediate threat to health or safety, the tenant may issue an emergency repair notice, demanding the repairs to be completed within a shorter time frame than the usual 14 days. 2. Regular Repair Notice: When the repair issue is not urgent but still affects the habitability or safety of the rental unit, the tenant can send a regular repair notice requesting the repairs to be addressed within the standard 14-day period. It's worth noting that the specific contents and language of the letter may vary based on the repairs needed and individual circumstances. Therefore, tenants are advised to consult legal professionals or access online templates to ensure compliance with Arizona law when drafting such notices.
Arizona Letter from Tenant to Landlord containing Notice of use of repair and deduct remedy
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FAQ
Contrary to common belief, tenants do not have the legal right to withhold rent because their landlord has failed to carry out repairs. Tenants who do not pay rent run the risk that their landlord will issue possession proceedings to try and evict them.
Under Arizona statute, a tenant has the right to withhold rent or make deductions from their monthly rent if certain repair requests are not met by the landlord or completed in a timely manner.
§ 330-1314). When tenants fail to pay their rent on time, their landlords often start eviction actions. There is no provision in Arizona law that allows a tenant to withhold rent because the landlord is being disagreeable or because a landlord broke oral promises to a tenant.
Your landlord or letting agent can't take money from your deposit for 'reasonable wear and tear'. This means things that gradually get worse or need replacing over time, for example paintwork, or a piece of furniture.
In Arizona, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has: Exercised a legal right.
Normal wear and tear or reasonable wear and tear are common terms associated with rentals, and typically refer to the expected depreciation that results from a tenant living in a propertynot damages as a result of tenant neglect or abuse.
After the termination of a lease, you may deduct from the security deposit for these reasons:Covering any unpaid rent.Fixing any damages caused by your tenant's failure to comply with maintenance demands.Retaining non-refundable deposits or fees.Settling various charges that are specified in the lease agreement.
A certain amount of wear and tear is unavoidable in rental properties, and normal wear and tear is required to be paid for by the landlord but damage is not. Landlords have the right to take action to claim the cost of repairing or replacing their possessions.
Unsafe conditions may include lack of heat and air conditioning (A.R.S. §33-1364), infestation of pests, or non-working appliances (A.R.S. A§33-1324), among others.
Normal wear and tear is light damage that occurs over time and doesn't affect the use of the home or appliances; it's just not aesthetically pleasing. Other examples of normal wear and tear are light scratches on wood floors, wear spots on carpet (but not stains), and loose railings or banisters.