questions & answers

Question: I have been out of my apartment for 10 days now due to the apartments sprinkler system flooding my apartment. They offered me nothing me up somewhere else and my apartment has been unlivable cent I have been out of my apartment for 10 days now due to the apartments sprinkler system of flooding my apartment. They offered me nothing to put me up somewhere else and my apartment has been unlivable since. What are my rights? I don't see why I should have to be responsible for something I didn't cause. I don't even know how to begin where to look for legal help. I've only been in Tucson 3+ months

Answer: On our website is  an article on the Landlord/Tenant Act.  You can read this at http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25. 

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.