Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I haven't had power in my house in 2 months I've contacted my landlord and she refusses to fix it and when she did she made things worse Who do i contact about this I've called everyone I need help

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords generally are required by law, among other things, to (a) “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; (b) “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances”; and (c) “supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection” (A.R.S. 33-1324). Although the landlord and the tenant of a single family residence “may agree in writing, supported by adequate consideration, that the tenant perform the landlord’s duties” as specified in (c) above, as well as specified repairs and maintenance tasks, they may do so only if the transaction is entered into in good faith, is not for the purpose of evading the obligations of the landlord, and the work is not necessary to cure noncompliance with (a) above. Assuming your rental agreement requires that your landlord provide your house with power, which would mean that your landlord has been in breach of her obligations to you as her tenant for as long as you have not had power, then your first course of action is to formally notify her – in a signed and dated letter either delivered by hand or sent to her mailing address by certified mail (keeping a copy for your own records) – of the nature and extent of the problem and to request that she fix it immediately. (This is both a way to protect yourself legally and to give yourself more options.) A tenant who wishes to terminate a lease for “material noncompliance by the landlord with the rental agreement” may deliver written notice to the landlord specifying the act(s) and/or omission(s) (in this case, not providing power) that constitute(s) the violation of the rental agreement and stating that the rental agreement will terminate ten days (or on any later specified date) after the landlord has received the notice if the violation of the rental agreement is not remedied in ten days (A.R.S. 33-1361). A tenant who wishes to continue in the lease under such circumstances may wish to discuss the situation with an attorney. There are links to organizations offering free or low-cost legal services on this website.