Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My refrigerator broke on July 27th and My landlord still has not replaced it and it is not Aug 4th. What do I do?

Answer: This situation is governed by the Arizona Landlord/Tenant Act, A.R.S. Section 33-1301 et seq. Section 33-1324 of the Act requires the landlord to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The lack of a working refrigerator clearly violates the Act. The same statute requires the landlord to keep all appliances in good repair. In order to trigger the notice provision of section 33-1361, a person must deliver written notice to the landlord of the broken refrigerator. He then has 5 days to fix the refrigerator. (The 5 days applies because a broken refrigerator in Phoenix in the summer affects health and safety.) If the landlord does not fix or replace your refrigerator within 5 days, you are entitled to break the lease and have your security deposit returned. Depending on the circumstances, you may also be entitled to sue for damages such as moving costs.