questions & answers

Question: Aug. of 2010 the sheriff came to my house telling me the landlord called them because no one should be living there and I needed to call her. He dialed his cell phone. The lady on the other end said I need to send my rent to her. I asked what happened to my landlord was she dead and did not get a response. On Sept 1st I started to send her my rent. We have no written or verbal agreement. The property tax bill is in a dead persons name. Now she wants to evict me because I told her the roof leaks. Can she do this?

Answer:

Housing matters can be very complex. Therefore, it is best to consult an attorney that can help with this type of situation. The Arizona State Bar and flatfeelawyers.org websites can help locate an attorney.

Generally, a landlord has to maintain fit premises. The obligations of the landlord include complying with building codes affecting health & safety, making repairs to keep the premises in a fit and habitable condition, etc. (see ARS 33-1324  for full list). Moreover, ARS 33-11381 states that a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession (which may include eviction) after the tenant has complained to the landlord of a violation under ARS 33-1324. See ARS 33-1381 for full text. An attorney would be able to help deal with specific situations in each case.