questions & answers

Question: my landlord is a slumlord , I have been sitting on the rent so O can get out , also i hav e no heat no cooling termites, and has other code violations mylam loosing my granddaughter because of this i had to place my son else where for health and safety, and now that the city want to condemn this place and adult protective service reported them, they gave a us a intent to terminaqqte a month to month agreement there is no paper. alsoI have a request for repairs and a retaliation notice, i didn't know what else to do,it 97

Answer: In Arizona, landlords must provide good and safe conditions including working heating and air conditioning (also includes hot water, water and other essential services). When a landlord is not providing these basic services, a tenant has two options (you can only do one or the other not both): 1. The tenant can write the landlord a notice which explains the problem and states that the landlord has 5 days to fix the problem or the tenant will terminate the lease (move out). If the landlord does not fix the problem within those 5 days then the tenant can move out from the property without any penalties by the landlord, A.R.S. 33-1361; or 2. The tenant can write the landlord a notice of the problem and give the landlord time to make the repairs (depending on the situation usually 48 hours). If the landlord does not provide working heating and/or air conditioning, the tenant may choose to live somewhere else until the repairs are done. The tenant does not have to pay rent during this time. If the cost of staying in the alternate location is more expensive than the cost of rent that is not being paid, the tenant may request some reimbursement (but only a limited amount based on the cost of rent). A.R.S. 33-1364 Regardless of which option a tenant decides to take, as long as it is done properly and following the law, the landlord cannot retaliate against a tenant (for example, they cannot evict a tenant or refuse to repay a security deposit). A landlord must return all of the security deposit or provide the tenant with a detailed list of charges for property damage with any remaining money due within 14 days (not counting weekends and holidays) of the move out inspection. If a landlord does not return the deposit and/or provide the detailed list within 14 days, the tenant has the right to file a suit in a justice court and request the landlord pay double the amount of money that was wrongfully denied. A.R.S. § 33-1321