Landlord and Tenant Rights and Responsibilities

questions & answers

Question: maybe someone can answer me on this I currently renting a 2 bedroom apartment in Bullhead city Arizona, a month ago I found out that my apartment is infested with termites, the landlord or apartment manager responded by sending a maintenance worker to look into it and he was not sure what we're dealing with so he reported back to the office and they send a pest control to look into it and he confirmed that it was termites and they need to call a termite specialist and he came and looked at it said it was a mild case so he went back and told the manager what needs to be done and the estimate but all that was over 3 weeks ago and I heard nothing about since then so I called and the lady who works there did not seem to know whats going on with this so she replied "I will let the manager know and have them call you" well another week passed so I drop buy the office and paid rent and I ask the lady again about and she said the exterminator has not got back to them so now I'm not sure what to do, I personally believe they are giving me the run around and do to the history and incompetence and procrastination of the maintenance service provided since we been living there I am highly concern to the point that I should just bail out of my lease and move somewhere else but the problem with that is I cannot afford to when I'm providing for my kids so I am thinking i should seek some legal council on the situation

Answer: A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324.
Provide the tenant with the name and address of the property’s owner and manager
Provide the tenant with a free copy of the Arizona Landlord and Tenant Act
Provide the tenant with a signed copy of the lease
Provide the tenant with possession of the residence
Comply with applicable building codes
Make necessary repairs so that the residence is habitable
Keep common areas clean
Maintain all electrical, plumbing, heating, and air-conditioning equipment
Provide for the removal of trash
Supply running water and reasonable amounts of hot water.
Tenant Options if Landlord Fails to Comply
Self-Help for Minor Defects A.R.S. § 33-1363
If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.
Failure to Supply Essential Services A.R.S. § 33-1364
If a landlord fails to provide running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat and/or cooling, then the tenant may give notice to the landlord that he is in breach of the lease. At that point, the tenant has one of the following three options:
Option One: The tenant can arrange for utilities on his own and deduct the cost from the rent. With the utility company’s approval, a tenant group or group of tenants can pay a landlord’s delinquent utility bill and deduct that amount from their rent.
Option Two: The tenant can file suit and recover damages based on the decreased fair rental value of the residence.
Option Three: The tenant can find substitute housing (e.g. a motel) during the period of the landlord’s noncompliance. If this occurs, the tenant is excused from paying rent for as long as the landlord does not provide the essential service.
Other Noncompliance by the Landlord A.R.S. § 33-1361
If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest.
For more information see the Landlord and Tenant Rights and Responsibilities Article (http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25).

Comments:

QUESTIONS

  • maybe someone can answer me on this I currently renting a 2 bedroom apartment in Bullhead city Arizona, a month ago I found out that my apartment is infested with termites, the landlord or apartment manager responded by sending a maintenance worker to look into it and he was not sure what we're dealing with so he reported back to the office and they send a pest control to look into it and he confirmed that it was termites and they need to call a termite specialist and he came and looked at it said it was a mild case so he went back and told the manager what needs to be done and the estimate but all that was over 3 weeks ago and I heard nothing about since then so I called and the lady who works there did not seem to know whats going on with this so she replied "I will let the manager know and have them call you" well another week passed so I drop buy the office and paid rent and I ask the lady again about and she said the exterminator has not got back to them so now I'm not sure what to do, I personally believe they are giving me the run around and do to the history and incompetence and procrastination of the maintenance service provided since we been living there I am highly concern to the point that I should just bail out of my lease and move somewhere else but the problem with that is I cannot afford to when I'm providing for my kids so I am thinking i should seek some legal council on the situation

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