questions & answers

Question: We have been without hot water for 1 week and 4 days and no gas for cooking for over 4months. when contacting the landlord I am told gas is a hoa issue and all townhouse owners are arguing over whose responsible to fixing the broken gas line. When asking about hot water and have called them 3 times last week and also texted a few times and told on phone the will look into it and call me back and so far nothing. Text messages go unanswered and this is how the landlord wants to communicate with us. what are my rights as a tenant. This is all included in my rent..

Answer: Under Section 33-1324 of 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”; to “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 him”; to “supply running water and reasonable amounts of hot water at all times”; and to “comply with the requirements of applicable building codes materially affecting health and safety” (including the provision of adequate heating and hot running water). A landlord who fails to do these things is in violation of the Act and therefore in violation of the rental agreement itself. The landlord, not the landlord’s HOA, is responsible for ensuring that the tenant gets what the tenant is paying for, including the basic necessities. A tenant in the situation you describe has several options, depending on whether the tenant would like to continue to reside in the dwelling or give notice of the tenant’s intention to terminate the rental agreement and leave. An attorney can help you to determine your best course of action. There are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.