Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I had a pipe bust on Thursday and my place was partially flooded kitchen/bathroom. I have not heard from the property management on what is going on. the person I have communication with is the restoration/ guy. I don't think I should have to live in these conditions or be treated as I have been treated. what can I do? need help, please.

Answer: This is for informational purposes only; you may want to contact an attorney for legal advice.

Under A.R.S. 33-1324. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

Under A.R.S. 33-1361. Noncompliance by the landlord:

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.

Under A.R.S. 33-1363. Self-help for minor defects:
A. If the landlord fails to comply with section 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 recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. 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.

Notify your landlord in writing of the situation, and request that it be fixed. If they do not respond, follow the procedures outlined in the above laws, and decide whether you wish to pay for the repairs, or terminate tenancy.

QUESTIONS

  • I had a pipe bust on Thursday and my place was partially flooded kitchen/bathroom. I have not heard from the property management on what is going on. the person I have communication with is the restoration/ guy. I don't think I should have to live in these conditions or be treated as I have been treated. what can I do? need help, please.

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