A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.
5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1979–2024 · leading case:
Thomas v. Goudreault, 786 P.2d 1010 (Ariz. Ct. App. 1989).
Thomas v. Goudreault, 786 P.2d 1010 (Ariz. Ct. App. 1989).
· cites it 10× “§ 33-1381 prohibits a landlord from increasing rent, decreasing services or bringing or threatening to bring an action for possession in retaliation for a complaint by a tenant in violation of A.R.S. § 33-1324. The trial court instructed the jury: “A landlord may not threaten to…”
Ibarra v. Gastelum, 471 P.3d 1028 (Ariz. Ct. App. 2020).
· cites it 10× “Ibarra based his negligence per se jury instruction request on A.R.S. § 33-1324(A)(2), which provides: “A landlord shall .”
Schaefer v. Murphey, 640 P.2d 857 (Ariz. 1982).
· cites it 7× “A.R.S. § 33-1324 defines the duty of the landlord to maintain fit premises: “A.”
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).
“180 (1974); Arizona — Ariz.Rev.Stat.Ann. §§ 33-1324 and 33-1361 (1974); California — Cal.”
Sheppard v. Crow-Barker-Paul No. 1 Ltd. P'ship, 968 P.2d 612 (Ariz. Ct. App. 1998).
· cites it 2× “In the Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1324(A)(1) (Supp.1997) requires landlords to "[c]ompIy with the requirements of applicable building codes materially affecting health and safety.”
Piccola by & Through Piccola v. Woodall, 921 P.2d 710 (Ariz. Ct. App. 1996).
· cites it 2× “The record indicates that the leased residence was constructed before 1974. Thus, Piccola has not shown that the prohibition of the installation of non-safety glass effectuated in 1974 has any application in this case.”
Levitan v. State, Registrar of Contractors, 33 P.3d 796 (Ariz. Ct. App. 2001).
· cites it 2× “A.R.S. § 33-1324(A)(2)(Supp.2000) requires a landlord to “[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
Van Buren Apts. v. Adams, 701 P.2d 583 (Ariz. Ct. App. 1984).
· cites it 2× “Under § 33-1324 the landlord must maintain fit premises, including the maintenance in good and safe working order and condition of all plumbing and sanitary facilities supplied or required to be supplied by him.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979).
“180 (1974); Arizona: Ariz.Rev.Stat. Ann. §§ 33-1324, 1361 (1974); California: Cal.”
MacKay v. Auto-Owners Ins (Ariz. Ct. App. 2018).
· cites it 4× “¶5 Mackay moved for summary judgment on her negligence per se claim, pointing to Kash’s alleged failure to comply with the Mesa City Code and A.R.S. § 33-1324 (a landlord’s duty to maintain fit premises).”
Bollfrass v. Phoenix, City of (D. Ariz. 2020).
· cites it 3× “) Because Plaintiffs prevailed in their eviction hearing and there is no longer a pending eviction action, Defendants argue that Plaintiffs have failed 26 27 6 A.R.S. § 33-1324 provides, among other things, that the landlord shall comply with the requirements of applicable…”
Bollfrass v. Phoenix, City of (D. Ariz. 2022).
· cites it 3× “§ 33-1367 (the 27 14 A.R.S. § 33-1324 provides, among other things, that the landlord shall comply with the requirements of applicable building codes materially affecting health and safety, and that 28 the landlord shall make all repairs and do whatever is necessary to put and…”
— Ariz. Rev. Stat. § 33-1324(A) — 1 case
Thomas v. Goudreault, 786 P.2d 1010 (Ariz. Ct. App. 1989).
“§ 33-1381 prohibits a landlord from increasing rent, decreasing services or bringing or threatening to bring an action for possession in retaliation for a complaint by a tenant in violation of A.R.S. § 33-1324. The trial court instructed the jury: “A landlord may not threaten to…”
— Ariz. Rev. Stat. § 33-1324(A)(1) — 2 cases
Sheppard v. Crow-Barker-Paul No. 1 Ltd. P'ship, 968 P.2d 612 (Ariz. Ct. App. 1998).
“In the Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1324(A)(1) (Supp.1997) requires landlords to "[c]ompIy with the requirements of applicable building codes materially affecting health and safety.”
Piccola by & Through Piccola v. Woodall, 921 P.2d 710 (Ariz. Ct. App. 1996).
“The record indicates that the leased residence was constructed before 1974. Thus, Piccola has not shown that the prohibition of the installation of non-safety glass effectuated in 1974 has any application in this case.”
— Ariz. Rev. Stat. § 33-1324(A)(2) — 2 cases
Ibarra v. Gastelum, 471 P.3d 1028 (Ariz. Ct. App. 2020).
“Ibarra based his negligence per se jury instruction request on A.R.S. § 33-1324(A)(2), which provides: “A landlord shall .”
Levitan v. State, Registrar of Contractors, 33 P.3d 796 (Ariz. Ct. App. 2001).
“A.R.S. § 33-1324(A)(2)(Supp.2000) requires a landlord to “[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
— Ariz. Rev. Stat. § 33-1324(A)(4) — 2 cases
Ibarra v. Gastelum, 471 P.3d 1028 (Ariz. Ct. App. 2020).
“Ibarra based his negligence per se jury instruction request on A.R.S. § 33-1324(A)(2), which provides: “A landlord shall .”
Schaefer v. Murphey, 640 P.2d 857 (Ariz. 1982).
“A.R.S. § 33-1324 defines the duty of the landlord to maintain fit premises: “A.”
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