questions & answers

Question: I leased a house that I saw 6 months prior. I paid first months rent and deposit totaling 2400. House has no hot water or heat. Trashed, full of prior tenants belongings. I had to have mover put things in house. I am in hotel that I am paying for as house not livable. Can I terminate lease and how?

Answer: This situation is covered by the Arizona Residential Landlord and Tenant Act.  Arizona Revised Statutes, section 33-1324 requires the landlord to maintain a fit premises.  This statute requires the landlord to maintain all plumbing, electrical, heating, air conditioning and other appliances in good working order.  Part 6 of the statute requires the landlord to supply reasonable amounts of heat, air conditioning and hot water.  Because this is a single family residence, the landlord can include a clause in the lease that shifts these responsibilities to the renter, but the renter must be compensated in some way.  Please review your lease carefully.  If there is nothing in the lease that transfers the obligations to maintain major appliances to you for compensation, then your remedies are covered by section 33-1361 of the Act.  It states that you must deliver a written notice to the landlord describing the specific items that that the landlord must fix (heat, hot water, prior tenant's belongings, etc.).  Inform the landlord that lack of heat and hot water materially affect health and safety (section A of 33-1324 and 33-1364).  The statute states that you can inform the landlord as part of your written notice that he has 5 days to fix the problems and "that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in 5 days."  Keep records and copies of your actions.