questions & answers

Question: How long does my landlord have to make a repair that affects the security of my building, such as a broken door that allows people who don’t live here to enter a building that they advertise as secure? If they do not make that repair in that time frame, do I have the right to withhold rent?

Answer: Under Arizona law, a residential tenant may *not* withhold all or part of their rent, even if the landlord has violated the rental agreement (and the Arizona Residential Landlord and Tenant Act (ARLTA)) by failing to make requested required repairs. Under the ARLTA, a landlord is required (among other things) to “comply with the requirements of applicable building codes materially affecting health and safety”; “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; and “keep all common areas of the premises in a clean and safe condition” (A.R.S. 33-1324(A)). If a landlord fails to meet this obligation, even after the tenant has notified the landlord in writing, describing the problem in detail and requesting that the problem be fixed as soon as reasonably possible, then the tenant has the option of delivering a second written notice to the landlord stating that the rental agreement will terminate upon a date not less than 10 days (or 5 days if the problem threatens the tenant’s health and safety) after receipt of the notice if the breach is not remedied in ten (or 5) days (A.R.S. 33-1361(A)).