Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My apartment has developed a rat problem. I found a hole that I believe they are coming out of. Instead fixing the hole the landlord told me to buy traps and poison then he'll reimburse me. Can I fix the hole and bill the landlord? If i break the lease can use this issue in court to get out of paying back rent?

Answer: Please see our article on the Landlord Tenant Relationship at http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=46 That article states: Repairs Costing Less Than ½ Month’s Rent or $300
If a rental unit is in need of minor repair(s), and the damage(s) were not caused by the tenant, tenant’s family or guests, the landlord will probably be responsible for making the repair(s). The law requires you first give your landlord written notice of the problem, stating the landlord has 10 days to make the repair(s). If the landlord fails to make the repair(s) after 10 days and the cost of the repair(s) will be less than the greater of ½ month’s rent or $300, you must hire a licensed contractor and get a lien release and either forward the bill to your landlord or pay for the repair yourself and deduct it from your next rental payment. A copy of the bill and the lien release must be included with your rent. For legal advice regarding your issue, you may want to contact a licensed attorney.

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QUESTIONS

  • My apartment has developed a rat problem. I found a hole that I believe they are coming out of. Instead fixing the hole the landlord told me to buy traps and poison then he'll reimburse me. Can I fix the hole and bill the landlord? If i break the lease can use this issue in court to get out of paying back rent?

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