§ 7.3.4 Tenant Remedies.

• Jurisdiction: Arizona

§ 7.3.4 Tenant Remedies. The Residential Act gives a tenant a framework of specific remedies to enforce the obligations of a landlord. If a landlord fails to deliver possession as required by A.R.S. § 33-1323 , the Act provides that rent shall abate until possession is delivered and a tenant may either terminate the rental agreement upon 5 days’ written notice to the landlord or demand performance and maintain an action for possession against the landlord or any person wrongfully in possession of the property. A.R.S. § 33-1362(A). If a tenant elects to terminate the lease, he is entitled to a refund of all prepaid rent and security. Id. If a tenant elects to enforce the lease, he is entitled to recover actual damages. Id.

If a landlord fails to deliver constructive possession to a tenant due to landlord’s noncompliance with A.R.S. § 33-1324 (landlord to maintain fit premises), the tenant is entitled to proceed with his general remedies under A.R.S. § 33-1361 and rent shall not abate. A.R.S. § 33-1362(B) .

If the failure to deliver possession is willful and not in good faith, A.R.S. § 33-1362(C) allows a tenant to recover from the person in wrongful possession damages equal to not more than 2 months’ periodic rent or twice the actual damages sustained by him, whichever is greater. Compare this section with A.R.S. § 33-1375(C) (a landlord’s remedy against holdover tenants).

The general remedies available to a tenant for material noncompliance by a landlord under the rental agreement are prescribed by A.R.S. § 33-1361 . The remedies available under this section apply only to “material noncompliances” and are not exclusive of other remedies in the Residential Act.

As a condition precedent to invoking a tenant’s remedy under A.R.S. § 33-1361, the tenant must deliver written notice to the landlord specifying the acts and omissions constituting the breach. A.R.S. § 33-1361(A). If the noncompliance materially affects health and safety, the notice must specify that the rental agreement will terminate upon a date not less than 5 days after receipt of the notice if the breach is not remedied within 5 days. Id. For any other material breach, the notice must specify that the rental agreement will terminate upon a date not less than 10 days after receipt of the notice if the breach is not remedied within that period. Id.

If the breach is remedied by the landlord within the time limitations prescribed in the notice, the tenant may not terminate the rental...