questions & answers

Question: I pay my rent and water sepratelly to my landlord- two different payments. My electric bell i pay to the electric company.Now does my landlord have the right to turn my ac off if late on rent,also if late on the water does he have the right to turn the water off and charge a late fee.

Answer: The Arizona Residential Landlord and Tenant Act (ARLTA) is the law governing most private, residential, rental agreements. In other words, the ARLTA provides tenants and landlords with rights, obligations and remedies in the rental relationship. To find more information about this matter consult this article consult the Arizona Residential Landlord and Tenant Act. Under the Act, there is a provision titled: Failure to Supply Essential Services - A.R.S. § 33-1364 which states that 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.