questions & answers

Question: We signed a 2 yr extended lease with the original property mngmnt. Since the extension, they have sold the property. The new mngmnt is not responsive to repairs. My dishwasher has now been out for 3 weeks, & they say that's the best they can do. Also, a barrier wall is breaking due to our neighbors tree and cynder blocks are falling into our yard. We have 2 dogs and 2 children I am afraid will get hurt. I have the area blocked off, and the mngmnt says they cannot fix this. I am at my wits end and am not sure what steps I need to take to either demand repairs or terminate th lease.

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required (among other things) to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances ... supplied or required to be supplied” by the landlord according the rental agreement (A.R.S. 33-1324). Given that a rental agreement is a contract, both landlords and tenants must abide by the terms and conditions of the rental agreement or they will be in breach of their obligations. Arizona law does not provide any means by which tenants may compel their landlord to make required repairs – for example, tenants may not withhold rent or pay partial rent – but it does provide tenants with the right to terminate a rental agreement if their landlord is provided with adequate written notice describing any serious problems and requesting that those problems be fixed within a reasonable period of time. The key is to document carefully both the problems themselves and the tenant’s written requests of the landlord. You may wish to discuss the details of your situation with an attorney in order to obtain legal advice as to how to move forward.