Landlord and Tenant Rights and Responsibilities

questions & answers

Question: What are the laws on repairs .i have a child with Heath issues and my AC has been out for over a week

Answer: Under A.R.S. § 13-1302, a landlord has a duty to maintain fit premises. Which means that the landlord must comply with building code requirements that affect health and safety in additional to making all repairs and “do whatever is necessary to put and keep the premises in a fit and habitable condition.” Furthermore the landlord must “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning… supplied or required to be supplied by him.” Therefore, your landlord has a duty to maintain an air-conditioning system that is in good working order. http://www.azleg.gov/ars/33/01324.htm 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. http://www.azleg.gov/ars/33/01364.htm For more information about landlord responsibilities view the “Landlord and Tenant Rights and Responsibilities Article” http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25 To find out how the law applies to a specific situation, contact an attorney directly. http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151