Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My refrigerator broke on July 27th and My landlord still has not replaced it and it is not Aug 4th. What do I do?

Answer: This situation is governed by the Arizona Landlord/Tenant Act, A.R.S. Section 33-1301 et seq. Section 33-1324 of the Act requires the landlord to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The lack of a working refrigerator clearly violates the Act. The same statute requires the landlord to keep all appliances in good repair. In order to trigger the notice provision of section 33-1361, a person must deliver written notice to the landlord of the broken refrigerator. He then has 5 days to fix the refrigerator. (The 5 days applies because a broken refrigerator in Phoenix in the summer affects health and safety.) If the landlord does not fix or replace your refrigerator within 5 days, you are entitled to break the lease and have your security deposit returned. Depending on the circumstances, you may also be entitled to sue for damages such as moving costs.

QUESTIONS

  • My refrigerator broke on July 27th and My landlord still has not replaced it and it is not Aug 4th. What do I do?

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