questions & answers

Question: I have been renting this house for 9 months now and within the nine months the sewage lines have backed up bringing feces up through the showers bathtub toilets sinks and in the front yard. Every time I call a send a plumber to flush the system the plumber say it is a palm tree that has been there before I moved in has busted the main sewage line. I have five children three that have asthma and I know that it is not safe for them to be in that condition. Is there anything I can do to get them to fix the main line or let me out my lease?

Answer: Under the Arizona Residential Landlord and Tenant Act, a tenant who is facing a serious problem that falls within the responsibility of the landlord under A.R.S. 33-1324 and that “materially affects health and safety” may deliver to the landlord a signed and dated letter describing the problem in detail and stating that the rental agreement will terminate if the landlord does not fix the problem within 5 days after the landlord receives the letter (A.R.S. 33-1361(A)). In order for a tenant to exercise their rights under A.R.S. 33-1361(A) and protect themselves from a possible lawsuit by the landlord for unpaid future rent, the tenant must document the problem (and how serious it is) very carefully – time-stamped photos, written reports by independent and licensed tradespeople and/or inspectors, and witnesses are always helpful. The tenant also must be sure to provide the landlord with proper notice and to give the landlord ample time to try to fix the problem. The tenant should communicate with the landlord in writing and keep copies of all correspondence.