questions & answers

Question: On August 13, 2017 I awoke to find my Apt flooded due to a toilet line leak. It was under water for approx 6 hours. The Manager arranged for draining/cleaning but did not replace the floor (vinyl) or carpet. Just "dried" it. Claims no mold but odor lingers. My question is, it was unlovable for 5 days and no refrigerator for past 7+ days. Requested rent adjustment, but was told "it was your own risk.....can't predict when a flood occurs". Can they refuse to adjust the rent? Will I lose my deposit?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a tenant may take action against a landlord who breaches the landlord’s obligation to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1341(A)) by failing 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” (A.R.S. 33-1364(A)) only if the landlord’s breach of this obligation was either “deliberate” or “negligent.” A landlord who acted deliberately or negligently is not required to adjust the rent but may be sued by the tenant to “recover damages based upon the diminution in the fair rental value of the dwelling unit” (A.R.S. 33-1364(A)(2)) during the period in which the landlord was in breach. Any tenant who makes a request or demand of a landlord should do so in a signed letter that describes the nature of the problem in detail and asks that the problem be fixed as soon as possible. The tenant should also keep a copy of this letter for their records.