questions & answers

Question: My tenant is 2 months behind on rent, and she just sent me a message that the washing machine in my condo is not working properly. I would normally take care of it, but is it still my obligation if she is behind on her rent payments and not fulfilling her lease obligations?

Answer: Under Arizona law, a violation by one party – whether that party is the tenant or the landlord – only in a few very specific instances permits a violation by the other party. As a general rule, a party who intends to exercise their rights under the Arizona Residential Landlord and Tenant Act – for example, by evicting and/or suing a tenant for unpaid rent – should continue to fulfill their responsibilities too. A landlord who wants a tenant to pay back rent may deliver to that tenant a 5-day notice of the landlord’s intention to terminate the rental agreement, and seek the tenant’s eviction, if rent is not paid within 5 days after receipt of the notice (A.R.S. 33-1368(B)), but the landlord may not simply stop making required repairs for an extended period while allowing the tenant not to pay rent.