questions & answers

Question: In my lease agreement utilities are included, but the landlord purposely shut off the power and refuses to turn it on and rent has been and is paid on time every month. And is current. What immediate action can be taken to get it back on its hot

Answer: Residential landlords here in Arizona are not permitted to shut off their tenants’ utilities during the tenancy. They may do so only after the rental agreement has ended and/or with the permission of a court (after an eviction order has been granted). This is reflected in multiple sections of the Arizona Residential Landlord and Tenant Act (Arizona Revised Statutes (A.R.S.) Title 33 Chapter 10). For example, A.R.S. § 33-1367 states that if a landlord “wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant,” then the tenant may either recover possession of the rental unit or terminate the rental agreement and, in either case, also recover an amount of up to two months’ rent or twice the actual damages sustained by the tenant, whichever is greater. This demonstrates how very serious a violation of the law it is for a landlord to shut off a tenant’s utilities. Both A.R.S. § 33-1324, which requires the landlord to “keep the premises in a fit and habitable condition” and to “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,” and A.R.S. § 33-1364, which provides the tenant with a series of optional remedies if a landlord “deliberately or negligently fails to supply running water, gas or electrical service, or both if applicable, and reasonable amounts of hot water or heat, air-conditioning or cooling, where such units are installed and offered, or essential services,” also reinforce this point. Under the Arizona Residential Landlord and Tenant Act, if a landlord fails to supply running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat, cooling, or air-conditioning (where such units are installed and offered), or any other essential service, then the tenant may provide written notice to the landlord identifying the problem and informing the landlord that he is in breach of the rental agreement (A.R.S. § 33-1364). Sending this letter to landlord is an important first step. If, after a reasonable period of time, the landlord does nothing to fix the problem, and it is affecting or threatening to affect the health and safety of the tenant(s), then a tenant who wishes to terminate the rental agreement may deliver to the landlord written notice stating that if the problem is not fixed within 5 days after the landlord receives this notice then the rental agreement will terminate (A.R.S. § 33-1361). If, after a reasonable period of time, the landlord still has not restored the essential service, then a tenant who wishes to continue to reside in the dwelling has three options: Option One: The tenant may arrange for the required utilities on her own and deduct the cost of those utilities from the tenant’s next monthly rent payment. Option Two: The tenant may file a claim in court to recover damages based on the decreased fair rental value of the dwelling. Option Three: The tenant may find “reasonable substitute housing” (an inexpensive motel, for example) until the landlord restores the essential service. What this means is that when the tenant pays his/her rent for the following month, the tenant may pay a “prorated” amount. (So, for example, if the monthly rent is $900 (or $30/day), and the tenant is forced to stay in a motel for 5 days, then the tenant may reduce the next month’s rent payment by $150.) If the cost of this substitute housing exceeds the amount of the tenant’s rent for the period, then the tenant also may recover up to 25% (but no more) of the additional expense from the landlord. There are links to organizations offering free or low-cost legal services on this website if you would like specific legal advice.