questions & answers

Question: I rent a apartment that has utility's included. Summer has hit and we have access to change or apartment temperature. It has been 92 degrees in my apartment. And have asked if can turn it down. They want to comply and now want evict me. Lost for words. How can this be.im up on my rent never missed a payment. What do do.

Answer: You should consult the Arizona Residential Landlord Tenant Act here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Specifically you should look to A.R.S. 33-1324 and 33-1364. 1364 provides that if your landlord fails to provide "reasonable amounts of . . . air-conditioning or cooling" that you can (1) get your own and charge the landlord for it by deducting it from your rent, (2) get damages based on the reduction in value, or (3) get substitute housing until they agree to comply during which time you do not need to pay rent and if you pay more for substitute housing you can recover some or all of it against them. In order to take advantage of this statute, you will need to provide written notice to the landlord (and keep a copy of proof) of their default and tell them what you intend to do. Alternatively you can proceed under A.R.S. 33-1361 or 33-1363. Under 1361 you can give written notice then, if not cured, terminate the lease and move out. You need to follow the terms of the statute and your lease very carefully if you decide to go this route. You must give notice of the problem and advise that your lease will terminate within 10 days (or 5 days if you believe the problem materially affects health and safety). If they fix it, you cannot terminate. If they fail to, your lease will be terminated and you can leave and they must return your security deposit under A.R.S. 33-1361(D). Please note that I am providing general information and guidance based on my limited knowledge of the facts. I cannot provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best!