Ariz. Rev. Stat. § 33-1361

Noncompliance by the landlord

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/8/2026ArizonaTenant Defenses

Operative Text

Ariz. Rev. Stat. § 33-1361
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:

1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.

2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.

B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.

C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.

D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.
Source: Legislative text reproduced verbatim
Plain English

Under A.R.S. § 33-1361, when a landlord materially fails to comply with a rental agreement—including providing false written information—a tenant may issue written notice giving the landlord at least ten days to fix the problem before the lease terminates. If the noncompliance involves a health or safety issue under § 33-1324, the notice period is shortened to five days. The landlord can avoid termination by adequately remedying the breach within the applicable window, and if the lease does end, the landlord must return any security deposit recoverable under § 33-1321.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

A.R.S. § 33-1361 means that property owners and managers who receive a written notice of material noncompliance generally have ten days—or five days for health and safety violations under § 33-1324—to remedy the identified breach and prevent lease termination. Compliant operators typically keep accurate written records of unit conditions, utility arrangements, and services offered, since material falsification of such information is itself a basis for a termination notice under this section. When a lease does terminate under § 33-1361, operators are expected to return all security deposits recoverable under § 33-1321 in accordance with Arizona law.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

A.R.S. § 33-1361 gives tenants a structured process to address a landlord's material failure to uphold the rental agreement: a written notice specifying the breach can start a ten-day cure period, or a five-day period when health and safety under § 33-1324 are at stake. Beyond lease termination, subsection B of this section also allows tenants to pursue damages and injunctive relief for noncompliance with the rental agreement or with §§ 33-1318 and 33-1324, and these remedies can be pursued together. Tenants who believe their landlord has violated this provision may consider documenting the breach in writing, consulting a tenant-rights organization in Arizona, or exploring whether a complaint or court filing is appropriate for their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

A.R.S. § 33-1324
Not yet ingested
A.R.S. § 33-1318
Not yet ingested
A.R.S. § 33-1321
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 8A
Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
§ 47a-14c
(Formerly Sec. 19-347m). Tenement receivership: Defense.
§ 47a-14e
(Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.

Source Information

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Fetched:Oct 8, 2026, 09:56 PM UTC