questions & answers

Question: I am renting a 3 bedroom home and i' am having a lot of problems in the home and need repairs done that the agency has not accomplished anything. They sent people out to fix it and nothing has been done i have four small kids in my house and a huge leak in my haul and roof about to cave in. anytime i try to tell them something about it they give me the run around and an attitude what can i do?

Answer:

This article provides an overview of the Arizona Residential Landlord and Tenant Act and the references cited are to the applicable portion of the Arizona Revised Statutes. This information is provided for apartment and home rentals. From the tenant’s perspective, perhaps the most important thing to remember is that a tenant has a duty to pay rent and to pay that rent on time. If a tenant fails to do so, the landlord will likely bring an eviction action. There is no provision in Arizona law that allows a tenant to withhold rent because the landlord is being disagreeable or because a landlord broke oral promises to a tenant and except as is explained below, a tenant may not withhold rent. In order to better protect your rights, keep copies of all payments and notices exchanged between your landlord and yourself. Additionally, require your landlord to put all agreements in a writing s/he signs and dates. If you anticipate a problem, try to get additional evidence, such as witnesses or photographs. Tenant Obligations In addition to the obligation to pay rent on time, a tenant must do the following under Arizona law: (A.R.S. §§ 33-1341 & 33-1344)

• Keep the residence clean and safe.

• Not deliberately or negligently damage the property or allow someone else to do so.

Landlord Obligations

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

• Provide the tenant with a free copy of the Arizona Landlord and Tenant Act.

• Comply with applicable building codes

• Make necessary repairs so that the residence is habitable. Self-Help for Minor Defects (A.R.S. § 33-1363)

If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification to the landlord should be in writing. If the landlord fails to fix the problem within 10 days from receiving the notice or if conditions require a more prompt remedy in case of emergency; the tenant can hire a licensed contractor, submit an itemized repair bill to the landlord along with a waiver of lien to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.