questions & answers

Question: If our garage broke, we could close it, and our property manager stated "their repair guy" could not come for 2 days and we had to secure the premises; we had to pay $350 for a repair man to JUST shut the door. 2 days later "their repairman" came and replaced the door. Now my landlord, per the property manager, is saying he will only give us $65 back since we didnt use "their repairman"! I have all of the emails as that is the ONLY way to speak with our property manager.

Answer: Generally, a landlord has a duty under Arizona law to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.” A.R.S. § 33-1324(A)(2). However, if a tenant takes it upon themselves to repair a problem that does not affect the “fit and habitable condition” of the premises, the landlord may not be liable for the cost, depending on the terms of the lease agreement. See A.R.S. § 33-1324(D). Depending on the nature of the garage door defect, and whether it affected the “fit and habitable condition” of the premises, the landlord may not be responsible for the fees that the tenant spent to fix the garage door themselves. The lease agreement should include terms relating to repair issues that arise during tenancy. Consult the lease agreement and an attorney for fact-specific advice.