A.R.S. 33-1364: Tenant Remedies If a Landlord Cuts Off Water or Hot Water

The law kicks in when the landlord fails to supply the service on purpose or by neglect. Subsection A sets the trigger and the notice step:

If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently fails to supply running water, gas or electrical service, or both if applicable, and reasonable amounts of hot water or heat, air-conditioning or cooling, where such units are installed and offered, or essential services, the tenant may give reasonable notice to the landlord specifying the breach and may do one of the following:

Note two things. The statute asks for reasonable notice, not a fixed number of days. And the notice must say what the breach is.

After notice, you may choose one of three remedies. The first lets you buy the service and take it off the rent:

Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual reasonable cost from the rent.

The second lets you claim the lost value of the home:

Recover damages based upon the diminution in the fair rental value of the dwelling unit.

The third lets you move out for a while and stop paying rent for that period:

Procure reasonable substitute housing during the period of the landlord's noncompliance...

Picture a Phoenix tenant whose water heater dies and stays broken. The landlord was told and did nothing. Under this law, the tenant could pay a plumber for a reasonable fix and deduct that cost from rent. Or the tenant could claim damages for the drop in the home's value. Or the tenant could book a motel and stop paying rent for those nights.

The substitute-housing path has a cap. If the failure was ordinary neglect, the tenant may recover extra housing cost up to twenty-five per cent of the periodic rent. If it was deliberate, the cap rises to an amount equal to the full periodic rent. Either way, keep every receipt.

One warning. A full water cut-off is different from low pressure or a slow drip at one fixture. If only one shower runs cold, the heater or a valve may be the cause, not a true service cut-off. Our guide on no hot water in the shower only helps you tell them apart before you act.

Move in order. First, give the landlord written notice that names the problem, and keep a copy. Second, give a reasonable chance to fix it. Third, pick one remedy and stick to it. Do not deduct rent and also withhold all rent for the same period, since that can put you in breach.

This statute is the remedy side of the law. The duty to supply water and hot water in the first place comes from A.R.S. 33-1324. See our page on a landlord's duty to maintain plumbing and supply water. For a small fix that stays under the cost cap, A.R.S. 33-1363 repair-and-deduct is the narrower tool.

Confirm the current figures before you rely on them. The notice rule and the 25 percent and full-rent caps above reflect A.R.S. 33-1364 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 subsections above come from the official Arizona Revised Statutes, a public-domain government work. Read the full section, including every subsection, on the Arizona Legislature's site: A.R.S. 33-1364 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 deduct rent or withhold it depends on the facts and on proper notice, so confirm your situation with a landlord-tenant attorney or a housing-counseling office before you act.