Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Our apartment has been flooded over 5 times in the last year and half. The management continues to tell us they are fixing the problem, yet nothing has changed and we continue to suffer. We feel they are neglecting the problem. What kind of legal action can we take?

Answer: Your rights as a tenant can generally be found here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Pursuant to A.R.S. 33-1324, the landlord is obligated to maintain the premises "in a fit and habitable condition" and maintain in "good and safe working order and condition all electrical, plumbing . . . ." I recommend you read the statute carefully. It can be found in the link above. Where the landlord fails to fix things as in your case, under A.R.S. 33-1361 you have the right to give written notice "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." If the landlord does not fix it within 10 days of receipt, the lease terminates and you can leave. You may also sue for damages. Please note that I am providing general information based on the limited information available to me. I am unable to provide you with specific legal advice and there is no attorney-client relationship between us. I wish you the best wish your issues and in general.

QUESTIONS

  • Our apartment has been flooded over 5 times in the last year and half. The management continues to tell us they are fixing the problem, yet nothing has changed and we continue to suffer. We feel they are neglecting the problem. What kind of legal action can we take?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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