Landlord and Tenant Rights and Responsibilities

questions & answers

Question: August 2015 I called the agent complaining about a refrigerator and roof leaks then again and again, now may 2016 refrigerator goes out had to buy a used one, I want to get reimbursed this is an inconvenience for me need my money back.

Answer: The best place to start is generally your lease and the Arizona Residential Landlord Tenant Act. A link to the Act is here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf. Most leases will provide who is responsible for appliances. If you do not have a written lease or it is silent on the issue, the Arizona Residential Landlord Tenant Act will likely govern. Specifically, A.R.S. 33-1324(A)(4) provides that a landlord shall "[m]aintain 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." If your landlord provided the refrigerator with the unit, under A.R.S. 33-1324(A)(4), he or she is required to maintain it in good and safe working order. A.R.S. 33-1361 governs a landlord's non-compliance with his or her obligations. It requires you to give written notice of any breach, and allows you to terminate your lease if the breach (in this case repair, replacement, or repayment for the refrigerator) is not remedied in the time set forth in A.R.S. 33-1361. Alternatively, you can look to A.R.S. 33-1363. If the cost of the used refrigerator was less than $300 or 1/2 of monthly rent, whichever is greater, and you provide proper notice and an opportunity for the landlord to remedy under A.R.S. 33-1363, you may deduct from your rent "the actual and reasonable cost . . . ." Please note that I am providing general information based on the limited information available to me. I am unable to provide legal advice, and no attorney-client relationship is created hereby. I wish you the best.