questions & answers

Question: My family and I are moving from out of state to Arizona. Upon move in, we discovered the house AC was broken. Other repairs were not complete on the house - blinds not installed, shower doesn't work. We have had to pay to stay in a hotel for multiple nights. The property managers are not helpful and do not feel our case is urgent.

Answer:

Below are the obligations of a Landlord

Landlord Obligations 

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

Tenant Options if Landlord Fails to Comply 

Self-Help for Minor Defects A.R.S. § 33-1363

If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests. 

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.

You may wish to speak with an attorney regarding your options.