Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am about 12 days late on rent but i already told the landlord i will pay rent on the 28th my refrigerator is mot working and i told him about it and he refuses to make the repair till rent is paid can he do that?

Answer: It is unlawful for a residential landlord in Arizona to purposely neglect to make required repairs for a tenant solely because that tenant has not paid rent (A.R.S. 33-1367). A landlord’s obligation to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “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) continues even when a tenant is behind on a payment. If the landlord wishes to commence an eviction (or “special detainer”) action in court against a tenant who has not paid rent, that is the landlord’s right; however, the landlord’s obligations under the rental agreement will continue to remain in effect for as long as the tenant resides in the dwelling. Tenants seeking repairs are always advised to deliver to their landlord a signed and dated letter stating the nature of the problem that needs to be fixed and reminding the landlord of the landlord’s obligations. A landlord who fails to make required repairs within a reasonable period of time faces the risk of being ordered by a court to pay monetary damages to the tenant if the tenant decides to take legal action (A.R.S. 33-1364).