questions & answers

Question: My 2 daughters reside at clear creek apartments flagstaff...they pay 1250 a month for their apartment. In the amenities it list HEAT is one the items provided in the apartment. They have a THERMOSTAT SWITCH in the apartment. When they did their walk through they were instructed to turn on to be sure it was in working order it WASNOT they told management and have NOT RECEIVED ANY response. They have been told nothing about it. I have sent emails and placed phone calls to have no response. What can we do. They are freezing. Short of buying space heaters for every room and run the risk of fire

Answer: The law on landlord/tenant issues is governed by the Arizona Residential Landlord and Tenant Act.  The Act requires landlords to maintain premises in a fit and habitable condition (A.R.S. Section 33-1324).  Lack of heat in Flagstaff during the winter certainly qualifies  under the statute.  The key to successfully dealing with landlord/tenant issues is to put everything in writing.  Under Section 33-1364, heat is considered an essential service.  Under the statute the tenant can procure her own source of heat, recover damages, or find reasonable substitute housing.  However, section H of the statute states that these tenant rights do not arise until the tenant gives the landlord written notice.  Section 33-1313 defines written notice.  The tenant must either hand-deliver the written notice of the lack of heat to the landlord or mail it by certified mail with return receipt.  If the apartment complex has an office with a manager, delivering to the manager will suffice.  The written notice must state that if the heat is not fixed in 5 days, the tenant will move out and terminate the lease or take one of the other actions listed in the statute.  (33-1361).  That triggers the landlord's legal obligation to get the repairs done.  Make sure to keep a copy of the notice.