Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can I take my landlord to court for making me pay for water when it's not stated in my lease I'm not fixing my washer and dryer for 5 months now?

Answer: Under Section 33-1324 of the Arizona Residential Landlord and Tenant Act (ARLTA), a landlord is required to do each of the following: 1. Comply with the requirements of applicable building codes materially affecting health and safety... 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. 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. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste... 6. Supply running water and reasonable amounts of hot water at all times... If a rental agreement does not expressly say that the tenant shall pay for water, then, as a general rule, it is the landlord’s responsibility to ensure that the tenant has water, because when the terms and conditions of a rental agreement are silent about a particular issue, the ARLTA is understood to govern that issue. If a landlord is in violation of either the rental agreement or the ARLTA, it is usually suggested that first step the tenant should take is to give formal notice of the problem to the landlord in a signed and dated letter, identifying the problem in detail and requesting that it be fixed as soon as possible. The tenant should keep a copy of this letter for their own records, in case the landlord fails to respond or to fix the problem.