questions & answers

Question: My refrigerator has stopped working since Jan 27,2018 (Sat) I have made reports to the agent who is in control of the unit. She has informed me that they will have to buy a new fridge but has not given me any specific time line for when this fridge is to be bought n delivered. I spoke with her on the issue yesterday voicing my concerns and she hang up on me. I have withhold my months rent which was due yesterday, and sent her a 10 days repairs form to which she has not responded. I have been buying daily food items to eat and have lost over $250 currently on items that was refrigerated.

Answer: Under Arizona law, a tenant may *not* withhold rent, even if a landlord has failed to make required repairs. Section 33-1368(B) of the Arizona Residential Landlord and Tenant is very clear about this. A tenant who withholds rent may be evicted, regardless of whether the tenant had a good reason for not paying their rent. The judge will care only about whether or not the rent was paid. There are proper ways to deal with a landlord who is breaching their obligations under the Arizona Residential Landlord and Tenant Act, and withholding rent is not one of them. You may wish to ask an attorney for specific advice as to what you can and should do at this point. 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.