questions & answers

Question: We decided to withhold rent to force the landlord to repair some unhealthy living conditions. We verbally told the manager that this was why the rent was withheld. They finally got the repairs completed and agreed to a $500.00 discount for the month. They are trying to charge late fees for the month that the rent was withheld. We don't want to move but we don't think it's fair to have to pay late fees considering they agreed their fault for dragging their feet on repairs.

Answer: Arizona law does not permit a residential tenant to withhold either all or part of their rent in order to compel a landlord to make required repairs (A.R.S. 33-1368(B)). Unless the landlord agrees in advance – ideally in writing – to accept less rent or late rent, the tenant remains responsible for meeting their obligations under the rental agreement, including paying specified late fees.