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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.