A.R.S. 33-1363: Tenant Self-Help for Minor Repairs (Repair and Deduct)

The law applies when the landlord breaks the duty to keep the home fit under A.R.S. 33-1324, and the fix is small. Subsection A sets a dollar cap. The repair cost must be:

less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater

So your cap is 300 dollars or half of one month's rent, whichever is larger. Next comes notice. You must tell the landlord in writing. Then you wait. The statute says the landlord must act:

within ten days or as promptly thereafter as conditions require in case of emergency

If the landlord does not fix it in time, you may act. But the work must be done a certain way:

the tenant may cause the work to be done by a licensed contractor

You cannot do the work yourself and bill for your own labor. A licensed contractor must do it. After the job, you give the landlord paperwork:

after submitting to the landlord an itemized statement and a waiver of lien

Then you may "deduct from his rent the actual and reasonable cost of the work," up to the cap above.

Picture a Phoenix renter with a small plumbing problem. These examples show how the cap works:

• A leaking angle stop under the sink. A licensed plumber charges 180 dollars. Rent is 1,400 dollars, so half is 700 dollars. The cap is the greater number, 700 dollars. The 180-dollar fix fits under the cap, so repair-and-deduct is allowed.
• A full water heater swap at 1,600 dollars. Half of 1,400-dollar rent is still 700 dollars. A 1,600-dollar job blows past that cap. This law will not cover it. For a bigger failure, look at other remedies like A.R.S. 33-1364.
• A burst supply line floods the bathroom. The "as promptly thereafter as conditions require" clause lets the fix move faster than ten days in a true emergency.

The point is simple. This tool is for small, clear repairs. It is not for major work or for jobs you want to do yourself.

Move in order:

1. 1Confirm the job is small and under the cap. The cap is 300 dollars or half of one month's rent, whichever is greater.
2. 2Send written notice that names the exact defect. Keep a copy.
3. 3Give the landlord ten days, or less in a true emergency.
4. 4Hire a licensed contractor, not a handyman. Check the license first with our guide on how to verify a plumber's ROC license in Arizona.
5. 5Give the landlord an itemized statement and a waiver of lien.
6. 6Deduct the actual, reasonable cost, up to the cap.

The duty to keep the plumbing working comes from a different statute. See our page on a landlord's duty to maintain plumbing. If the landlord cut off water or hot water entirely, that is a bigger problem with stronger remedies. See A.R.S. 33-1364 tenant water remedies.

Confirm the current figures before you rely on them. The 300-dollar and half-rent cap and the ten-day notice above reflect A.R.S. 33-1363 as published on the Arizona Legislature's site as of this writing. These laws change, so check the current statute or ask a housing counselor first.

The quoted phrases above come from the official Arizona Revised Statutes, a public-domain government work. Read the full section, including subsection B, on the Arizona Legislature's site: A.R.S. 33-1363 on azleg.gov. For the matching landlord duty, see A.R.S. 33-1324.

This page explains a general Arizona statute and is not legal advice. Whether you may repair and deduct depends on the facts, the size of the job, and proper written notice, so confirm your situation with a landlord-tenant attorney or a housing-counseling office before you act.