Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I currently have a hole in my ceiling due to a pipe leaking. It’s been over 2 months and they haven’t fully fixed it yet. What are my options? Can si start deducting the amount my electic bill has increased since this has occurred?

Answer: Whenever a landlord fails to make required repairs, the tenant’s options depend, first and foremost, on whether the tenant ultimately wants to continue to living in the dwelling or leave. Either way, the tenant’s first step is always to deliver to the landlord a signed and dated letter (keeping a copy for the tenant’s own records) describing the problem in detail and requesting that the problem be fixed as soon as possible. Under Arizona law, a tenant *may not withhold rent* because the landlord has failed to make required repairs or because the tenant has been forced to pay additional costs (A.R.S. 33-1368(B)). A tenant may sue or threaten to sue a landlord for monetary damages suffered by the tenant due to the landlord’s breach of the rental agreement, but as a general rule the tenant still must pay full rent. If you would like legal advice about your rights and responsibilities in this particular situation, you should speak with an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).