Ariz. Rev. Stat. § 33-1362
Failure to deliver possession
Operative Text
A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323, rent abates until possession is delivered and the tenant may do either of the following: 1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security. 2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed with the remedies provided for in section 33-1361. C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater.
Arizona Revised Statutes § 33-1362 addresses what happens when a landlord fails to hand over a rental unit as required. If physical possession is not delivered, rent stops accruing until it is, and the tenant has the choice to either cancel the agreement and recover prepaid funds or pursue the tenancy through legal action. If the failure to deliver possession is willful and in bad faith, the law allows the aggrieved party to recover up to two months' rent or twice actual damages, whichever is greater.
Plain English — not legal advice.
Under A.R.S. § 33-1362, landlords are expected to deliver physical possession of a unit on the agreed date in compliance with § 33-1323. Operators who fail to do so face automatic rent abatement and potential legal action from the tenant, including a claim for possession or termination of the agreement. Willful failures to deliver possession carry heightened financial exposure, so property managers generally take proactive steps to ensure units are vacated and ready by the lease start date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1362 gives tenants meaningful options when a landlord does not hand over the unit as promised. If physical possession is not delivered, rent does not accrue during that period, and a tenant may choose to terminate the agreement with at least five days' written notice and recover prepaid rent and security, or instead demand that the landlord fulfill the lease and pursue a legal action for possession and damages. Tenants who believe a landlord's failure was willful may have a claim for up to two months' rent or twice actual damages, and consulting a tenant-rights organization or legal aid provider can help clarify which remedies under § 33-1362 may apply to a given situation.
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
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.