questions & answers

Question: I request that the light outside my apartment be repaired on January 11, 2019, then again on March 11, 2019, and again today March 15, 2019. According to my lease all light fixtures inside my apartment and in common areas will be repaired by the leasing agency. Currently, there are no lights at near the stairwell, my apartment is at the top of, to provide safe lighting. I keep getting the "we need to order fixtures" as the reason that it is taking so long to repair this item. What course of action can I take to either fix the lights or be released from my lease?

Answer: The Arizona Residential Landlord/Tenant Act sets out specific guidelines for tenants to handle issues like this one.  A.R.S. Section 33-1324 requires the landlord to maintain the premises in a fit and habitable condition.  If the tenant believes the landlord is failing in this duty, the tenant must follow the rules to either require repair or be permitted to terminate the lease.  First, all communications with the landlord must be in writing.  You must write and date a letter explaining the problem (no light on landing) and  the dates when you demanded repair.  The letter should include a statement that lack of lighting on stairs is a serious safety violation and a violation of the landlord's duty to maintain a fit and habitable premises.  The statute says you must give him 10 days to make the repair unless it is an essential service like heat, water or power.  Once you write the letter, keep a copy for your records.  Next, you must serve it on the landlord.  The statute (A.R.S. Section 33-1313) says you must either hand deliver the letter or serve it on the landlord by certified mail, return receipt requested.  If you opt to hand deliver, you need a record of your actions or a witness.