questions & answers

Question: I live in a apt that included utilities for me as well as other temants i sighned a lease but mever got copy i asked several times. And just a week ago we were told verbally we will jave pay utilities our rents 550 a monthand aps wants$ 300 to turn off service on the 10th .i payed my rent andlights getting shut off Can my manager do this i need help

Answer:

A landlord must provide all utilities and services specified in the lease agreement, and the property must be delivered to the tenant in compliance with both the rental agreement and A.R.S. § 33-1324. A.R.S. §§ 33-1323 and 33-1364(B.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01323.htm&Title=33&DocType=ARS
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01364.htm&Title=33&DocType=ARS

A landlord may not take possession through voluntarily decreasing services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential services to the tenant, except as per the landlord-tenant act.    A.R.S. § 33-1374. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01374.htm&Title=33&DocType=ARS

A landlord’s willful diminution of service by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant permits the tenant to: recover possession or terminate the rental agreement; AND recover damages of twice the rent or twice the actual damages suffered; and, if opting to terminate, get back the security deposit. A.R.S. § 33-1367. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01367.htm&Title=33&DocType=ARS

Also, the tenant may give notice of noncompliance and thereupon terminate if not remedied, sue for damages, or sue for injunctive relief. A.R.S. §§ 33-1361(A) and 33-1361(B). http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01361.htm&Title=33&DocType=ARS

Under A.R.S. § 33-1364(B), a landlord shall provide all utilities and services specified in the lease agreement, and may not terminate such services except to make repairs. A landlord may not transfer responsibility for such utility services to the tenant without the tenant's written consent. A.R.S. 33-1364. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01364.htm&Title=33&DocType=ARS

When a landlord does not provide essential services, including running water, gas or electrical service, reasonable amount of hot water or heat, air-conditioning or cooling, or other essential services, a tenant has numerous options under A.R.S. § 33-1364.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01364.htm&Title=33&DocType=ARS

After "reasonable notice," a tenant may:
* Procure the service himself during the period that the landlord fails to provide the service, deducting the cost from the next month's rent;
* If the service is cut off due to the landlord's nonpayment to the utility service provider, and there is not a separate meter for each tenant in the apartment community, then the tenant may, by himself or together with other tenants, arrange to pay the landlord's utility bill and deduct the ongoing costs out of the rent until the landlord provides "adequate assurances to the tenant that the above utility services will be maintained." A.R.S. 33-1364.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01364.htm&Title=33&DocType=ARS