Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If my landlord is not willing to fix my A/c and keeps giving me different excuses why it is not fixed yet, what can I do? I also have children in the home.

Answer: A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324. •Provide the tenant with the name and address of the property’s owner and manager •Provide the tenant with a free copy of the Arizona Landlord and Tenant Act •Provide the tenant with a signed copy of the lease •Provide the tenant with possession of the residence •Comply with applicable building codes •Make necessary repairs so that the residence is habitable •Keep common areas clean •Maintain all electrical, plumbing, heating, and air-conditioning equipment •Provide for the removal of trash •Supply running water and reasonable amounts of hot water Failure to Supply Essential Services A.R.S. § 33-1364 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. Other Noncompliance by the Landlord A.R.S. § 33-1361 If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest.