Arizona Essential Service Substitute Housing and Rent Excusal Notice
Arizona Essential Service Substitute Housing and Rent Excusal Notice
Before you use this: A.R.S. § 33-1364(A) applies when the landlord deliberately or negligently fails to supply a required service. The tenant must give reasonable notice specifying the breach before using a remedy under this section. This form elects reasonable substitute housing under subsection (A)(3), which excuses rent during the landlord's noncompliance and may permit a limited recovery of housing costs above that rent.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, ARIZONA, ZIP]
Required service and 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 circumstances showing 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]. I 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].
Substitute-housing election
I elect reasonable substitute housing under A.R.S. § 33-1364(A)(3) for the period of your noncompliance. The housing is [PROVIDER AND ADDRESS]. Occupancy began on [__/__/____] at [TIME] and ☐ continues ☐ ended on [__/__/____] at [TIME]. The housing is reasonable in these circumstances because [DESCRIBE]. I will update this record when the service resumes or the housing period ends.
I do not elect to repair the premises under § 33-1364. For this same breach, subsection (G) limits pursuing remedies under §§ 33-1361 and 33-1363 after proceeding under § 33-1364, except for earlier damages. This notice does not assert an additional amount under subsection (F) for a deliberate failure.
Rent and excess-cost accounting
I am excused from rent for the landlord's period of noncompliance under subsection (A)(3). If the periodic cost of substitute housing exceeds periodic rent, I request recovery of the proved excess, capped at 25% of the periodic rent excused. I attach proof of payment before requesting that excess.
| Item | Period or basis | Amount |
|---|---|---|
| Periodic rent | [PERIOD] | $[____] |
| Rent otherwise owed during noncompliance | [DATES AND CALCULATION] | $[____] |
| Rent excused for that period | [DATES] | $[____] |
| Actual substitute-housing cost paid | [DATES AND RECEIPTS] | $[____] |
| Housing cost above rent for the same period | [CALCULATION, IF ANY] | $[____] |
| 25% of the periodic rent excused | [CALCULATION] | $[____] |
| Excess-cost recovery requested, no more than the lower of the two preceding amounts | [CALCULATION] | $[____] |
| Other rent due outside the excused period | [DATES] | $[____] |
Please pay the supported excess-cost amount of $[____] by [DATE] using [PAYMENT METHOD], or identify any disputed item in writing. I will pay any rent due outside the excused period as required by the rental agreement. I reserve other rights that remain available under applicable law.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier notice or record of oral notice
☐ Proof of substitute-housing payment
☐ Service interruption or restoration records
☐ Rent calculation
I delivered this notice 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)(3), (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)(3) (checked November 5, 2026): "Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance."
A.R.S. § 33-1364(A)(3) (checked November 5, 2026): "tenant may recover from landlord such excess costs up to an amount not to exceed twenty-five per cent of the periodic rent which has been excused"
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."
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"
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