questions & answers

Question: I have moved into a home where there is cockroaches. The landlord has been notified via email and has sprayed and bombed the place but the roaches are still here. Also my air conditioner doesn't cool my apartment properly the temperature is usually at 80 or more all day long. He says that this is adequate even though I have 2 fans I bought just to stay cool. Can I pay my rent to court and ask the court to force him to fix these problems?

Answer:

Rent cannot be paid to a court in place of the landlord.  Generally, the rental agreement will have the legal obligations and remedies for both landlords and tenants.  According to the law, the landlord has the obligation to maintain premises fit for living.  This includes providing runnign water as well as air conditioning and even dealing with pests and vermin.  A.R.S. 33-1324.  The tenant must bring these needed reparis adn maintenance with to the landlord's attention in writing to ensure that the landlord is aware of the problems.  This notice must explain the cause of the breach in the rental agreement and that the tenant will exercise his or her right to terminate if reparis are not made by a specified date (but no sooner than ten days of receipt of the notice).  A.R.S. 33-1361. 

Additionally, there are several remedies available to tenants if there is a failure by landlords to supply essential services.  These remedies include tenants obtaining the services themselves and deducting the cost from the rent, recoving damages, and finding antoher dwelling and being excused from paying rent until repairs are made or services are provided.  A.R.S. 33-1364.  Consult the Arizona Residential Landlord and Tenant Act to determine what actions may be taken and how to take them.

This answer is provided as general informtion only, not legal advice.  For legal advice on how the law applies to a specific situation, consult an attorney practicing in that field.