Eviction

questions & answers

Question: My landlord agreed to accept my late payment however when I notified him my air conditioner wasn't working he refused to fix and demanded I pay additional late fees if I wanted it fixed then I had a week or so to move. I haven't paid the rent due to my fear of being evicted after paying leaving me w nothing. My roof has a hole in it repaired 4 times that leaks w black mold. He's aware of all w pics and messages stating he won't fix air until he's paid. Can he do that?

Answer: It might be wise to speak with an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice). Arizona law requires that landlords “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324) but it does not permit tenants to withhold all or any portion of their rent in order to compel their landlord to make required repairs (A.R.S. 33-1368(B)).

QUESTIONS

  • My landlord agreed to accept my late payment however when I notified him my air conditioner wasn't working he refused to fix and demanded I pay additional late fees if I wanted it fixed then I had a week or so to move. I haven't paid the rent due to my fear of being evicted after paying leaving me w nothing. My roof has a hole in it repaired 4 times that leaks w black mold. He's aware of all w pics and messages stating he won't fix air until he's paid. Can he do that?

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