Arizona Essential Service Diminished Rental Value Demand
Arizona Essential Service Diminished Rental Value Demand
Before you use this: A.R.S. § 33-1364(A)(2) permits a tenant to seek damages measured by the reduction in the dwelling's fair rental value when a landlord deliberately or negligently fails to supply a required service. It does not set a fixed percentage or automatically reduce rent. Give the landlord reasonable notice specifying the breach before using this remedy.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, ARIZONA, ZIP]
Service failure and earlier notice
Under [RENTAL-AGREEMENT TERM OR OTHER BASIS], you are required to supply ☐ running water ☐ gas ☐ electricity ☐ reasonable hot water ☐ heat ☐ air conditioning or cooling where installed and offered ☐ another essential service: [DESCRIBE]. The service failed on [__/__/____] at [TIME]. The facts showing your deliberate or negligent failure to supply it are [SPECIFIC FACTS].
I gave you reasonable notice specifying this failure on [__/__/____] at [TIME] by [METHOD] to [NAME OR CONTACT]. The notice described [DETAILS]. Your response was [DETAILS OR NONE]. The service ☐ remains unavailable as of [DATE AND TIME] ☐ was restored on [__/__/____] at [TIME]. The failure was not caused by a deliberate or negligent act or omission of me, a family member, or another person on the premises with my consent. Supporting facts are [DESCRIBE].
Loss of fair rental value
I elect damages under A.R.S. § 33-1364(A)(2) based on the diminished fair rental value of the dwelling during the period of noncompliance. The loss of use or utility was [SPECIFIC EFFECT ON THE PREMISES]. My supporting evidence is [COMPARABLE RENTAL DATA, APPRAISAL, PHOTOS, COMMUNICATIONS, OR OTHER FACTS].
| Rental-value item | Period or calculation | Amount |
|---|---|---|
| Fair rental value with the required service | [BASIS AND PERIOD] | $[____] |
| Fair rental value during the service failure | [BASIS AND SAME PERIOD] | $[____] |
| Diminution for that period | [DIFFERENCE] | $[____] |
I request payment of the supported diminution of $[____] by [DATE] using [PAYMENT METHOD], or a written response identifying any disputed fact or calculation. This demand does not itself withhold rent, deduct replacement-service costs, claim substitute-housing costs, or authorize repair.
For this same breach, § 33-1364(G) limits proceeding under §§ 33-1361 and 33-1363 after proceeding under § 33-1364, except for earlier damages. I reserve rights otherwise available under applicable law.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier notice or record of oral notice
☐ Service interruption and restoration records
☐ Evidence supporting the rental-value comparison
I delivered this demand and its enclosures to [NAME] on [__/__/____] by [METHOD] at [ADDRESS OR DELIVERY DETAILS].
Person making delivery: [________________________________]
Sources and References
About this template
- Last updated
- November 5, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- Arizona
- Category
- Landlord & Tenant
Legal authority
- A.R.S. § 33-1364(A)(2), (G), (H)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
A.R.S. § 33-1364(A)(2) (checked November 5, 2026): "Recover damages based upon the diminution in the fair rental value of the dwelling unit."
A.R.S. § 33-1364(G) (checked November 5, 2026): "If the tenant proceeds under this section, he may not proceed under section 33-1361 or section 33-1363 as to that breach"
A.R.S. § 33-1364(H) (checked November 5, 2026): "The rights under this section do not arise until the tenant has given notice to the landlord and such rights do not include the right to repair."
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