questions & answers

Question: I recently renewed my lease. When doing that I made it aware to my apartment manager that my ceiling was leaking!I was told that the AC unit ( which is a P-tech unit like used in hotels) from the apartment above me was leaking. So they told the tenants to place a bucket under the unit to catch the water!!! Well my ceiling still leaks from time to time and the sheet rock has started to fall, and the window casing near the leak had also beginto fall!! Im 3 months into my new lease and they still refuse to make repairs!!!! Can I break my lease without penalty because of neglected repairs?

Answer: It is always strongly recommended that tenants insist that their landlords commit – in writing – to making such repairs before the lease is signed (or even within the lease document itself). However, landlords are legally required regardless to make all repairs necessary to ensure that the dwelling remains in a fit and habitable condition. Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords are obligated, among other things, to ensure that A/C units remain in good and safe working order (A.R.S. 33-1324). When a landlord fails in a material way to comply with the landlord’s obligations, the tenant may deliver to the landlord written notice identifying the problem in detail and stating that if the problem is not fixed within 10 days after the landlord receives this notice then the rental agreement will terminate (A.R.S. § 33-1361). (The tenant must be able to show that the problem is serious enough to constitute “material noncompliance” by the landlord with the rental agreement.)