Landlord and Tenant Rights and Responsibilities

questions & answers

Question: What if repairs for a water leaking into apartment cost more than 1/2 rent or $299, whichever is greater and landlord does not make repairs withing 10 days

Answer: As per A.R.S. § 33-1324, a landlord is required by law to maintain “fit and habitable” premises. Have you notified the landlord, in writing, that there is water leaking into the apartment? Generally the landlord has a “reasonable timeframe” to complete necessary repairs to maintain “fit and habitable” premises. A.R.S. § 33-1363(A) states: If the landlord fails to comply with A.R.S. § 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. As such, the tenant’s notice of intention to correct the condition must be in writing, and it is a good idea to choose a verifiable delivery method such as certified mail. A.R.S. § 33-1363(A) further states: After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection. As a prerequisite to completing the repair work, it is important to document that the landlord has been notified of the problem in writing and failed to take action within ten days. Only after this period has expired can you have the repairs completed by a licensed contractor, and obtain an itemized statement and waiver of lien from the contractor. This documentation will support your deduction of the cost of the repair from your rent payment, subject to the cap as defined by A.R.S. § 33-1363(A). It should be noted, however, that you must comply with each portion of the statute as withholding rent without full compliance puts you in violation of A.R.S. § 33-1368(B). The information contained in this answer is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.