Thomas v. Goudreault
In Thomas v. Goudreault, 163 Ariz. 159, 786 P.2d 1010 (App. 1989), the Court held a tenant who is not provided necessary services and maintenance of leased premises as required under the Arizona Residential Landlord and Tenant Act, A.R.S. 33-1301 to -1381 (2007 & Supp. 2009), could recover emotional distress damages even if the landlord had not committed a "culpable" violation of the Act. 163 Ariz. at 167, 786 P.2d at 1018.
In so holding, we explained when a tenant is not provided necessary services and maintenance, the tenant suffers property damage because the value of the leasehold is decreased by the absence of such services and maintenance. Id.
The Court also recognized the "more immediate damage that he suffers is the annoyance and discomfort of living in inadequate housing." Id.