questions & answers

Question: If the water heater in the condo unit I rent has been faulty & running 24/7 causing the electric bill to be MUCH greater than it *should* be (once it was finally checked out & dealt with the hourly charges dropped by 80-90%) how should I proceed re:bills? $200-$300 for 900sqft 2bd1bth before but *now* once fixed it's ~$80. I began asking the owner in late June/July to have someone check this out as it was not accurate (he insisted the electric be in his name--leaving me unable to speak to/arrange anything without going through him), but he dragged his feet for months until now here we are.

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), landlords are required to “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances” (A.R.S. 33-1324). Although there are no specific rules determining who should pay what in situations such as this one, Arizona law does require that landlords and tenants treat each other in “good faith” whenever they perform or seek to enforce their rights and responsibilities under a rental agreement (A.R.S. 33-1311). If inaction on the part of a landlord regarding an issue for which a landlord is responsible resulted in the electric bill being  higher than it should have been, then fairness suggests that a landlord should bear some if not all of that additional cost. This is why it is always a good idea for tenants to ensure that the requests that they make of their landlords are stated in writing (in a signed and dated letter either delivered by hand or sent to the landlord by certified mail, return receipt requested) because it ensures that they have proof of their landlord’s inaction despite formal notice. (Copies of emails are helpful as well.) A tenant’s best course of action in situations such as this one is to write a formal letter to the landlord describing what happened and why (supported by documentation or other evidence if possible.)