questions & answers

Question: What do I do my nieces live in an apt with there kids ages 6,4,3 they have gone several times to the office they are living without ac nothing is being done they made a list about a month ago of all that was wrong in the apt had the office sign an date it an still nothing it has been out for over four month please help

Answer: A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324.

    Provide the tenant with the name and address of the property’s owner and manager
    Provide the tenant with a free copy of the Arizona Landlord and Tenant Act
    Provide the tenant with a signed copy of the lease
    Provide the tenant with possession of the residence
    Comply with applicable building codes
    Make necessary repairs so that the residence is habitable
    Keep common areas clean
    Maintain all electrical, plumbing, heating, and air-conditioning equipment
    Provide for the removal of trash
    Supply running water and reasonable amounts of hot water
Failure to Supply Essential Services A.R.S. § 33-1364

If a landlord fails to provide running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat and/or cooling, then the tenant may give notice to the landlord that he is in breach of the lease. At that point, the tenant has one of the following three options:

Option One: The tenant can arrange for utilities on his own and deduct the cost from the rent. With the utility company’s approval, a tenant group or group of tenants can pay a landlord’s delinquent utility bill and deduct that amount from their rent.

Option Two: The tenant can file suit and recover damages based on the decreased fair rental value of the residence.

Option Three: The tenant can find substitute housing (e.g. a motel) during the period of the landlord’s noncompliance. If this occurs, the tenant is excused from paying rent for as long as the landlord does not provide the essential service.