questions & answers

Question: A pipe busted and flooded my apartment. It's been 2 weeks and they still have fans blowing and a humidifier. I'm pretty sure I see mold in walls and our manager is denying. I took videos. Also, I have an srp box that I load money on for electricity. I use $45 a month. I've already spent $100 in less than 2 wks in electricity cause manager said fans have to stay on 24hrs and it's my responsibility to keep electricity on or they will get lawyers involved. I can afford to keep putting electricity. I've been out of my home almost 2 weeks. Please help.

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required (among other things) to “comply with the requirements of applicable building codes materially affecting health and safety” and “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). The obligation to pay for the cost of required repairs – so long as the tenant neither caused nor made the problem worse – should fall on the landlord. You may wish to speak with an attorney in order to discuss whether you would like to continue to reside in (and pay rent for) the dwelling or terminate the rental agreement if the landlord continues to insist that you pay for the extra electricity. An attorney will also be able to advise you if and how you may recover from the landlord any monetary damages you suffer as a result of the landlord’s violation of A.R.S. 33-1324. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).