questions & answers

Question: I am renting an apartment that had significant water damage from the tenant above. This happened on 07/22/2017. We currently still have no ceiling in our closet, there is still a leak in the closet. The carpet pad has been removed and the bedroom carpet needs to be replaced. I have already tripped on the carpet and luckily not hurt, but the new owners since 9/7/2017 are not repairing our unit. Can I use uninhabitable living conditions to break my lease?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord is required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). If a landlord fails to do so in a way that constitutes “material noncompliance” with the rental agreement, then “the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days” (A.R.S. 33-1361). The landlord must receive a signed and dated letter from the tenant describing the problem(s) in detail and demanding that the problem(s) be fixed immediately and stating that if the problem(s) are not fixed within ten days after the landlord receives this letter, then the rental agreement will terminate.