questions & answers

Question: I informed my landlord that there were several things that needed to be fixed (the dishwasher and the toilet) She never responded to my requests. I waited several days. I then informed her that I would have these items fixed and that I would provide her with receipts of the work done and deduct it from my rent. Again, she did not respond. Now she is seeking late fees for the amount that I deducted from my rent. In addition, the roof has leaked for the last year and after numerous requests has not been fixed to my knowledge. Can she do this and can I break m y Lease?

Answer: The Arizona Residential Landlord and Tenant Act permits a tenant whose landlord is in violation of the requirement to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324) to pay for repairs costing up to 1/2 of whatever the monthly rent is then to deduct that amount from the next rental payment – but only after notifying the landlord in writing in advance of the tenant’s intention to fix the problem at the landlord’s expense and giving the landlord 10 days to comply. If the landlord still fails to comply after 10 days have passed (or sooner in the case of an emergency), then the tenant may have the work done by a licensed contractor then submit to the landlord an itemized statement and waiver of lien (A.R.S. 33-1363).