Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have termite's in my apartment and have contacted the landlord 3 times regarding it. Nothing has been done in 2 weeks. Also leaks keep happening in my bathroom from the unit above.

Answer: A landlord has a duty to remedy both the termites and the leaks if properly notified.  Title 33 of the Arizona Revised Statutes contains the Arizona Residential Landlord and Tenant Act.  This series of statutes governs most legal disputes between landlords and tenants in residential properties.  Under the Act, each has duties and responsibilities to the other.  Each has rights.  A.R.S. Section 33-1324 requires that the landlord maintain the premises in a "fit and habitable condition."  That includes providing working water, hot water, electricity, heat and air conditioning.  It also includes making necessary repairs and keeping common areas in a clean and safe condition.  However, to trigger the legal protection of the statute, the renter must jump through certain hoops.  (1) All complaints to the landlord must be in writing and specifically state the problem and how long the item has been broken.  (2) The notice must be delivered to the landlord or his agent either by certified mail; return receipt requested or by hand delivery. ( A.R.S. Section 33-1313)   If you deliver the notice by hand, you should document the delivery by video recording it on your phone or taking an impartial witness with you.  The statute does not cover the use of email.  If you use email, be certain to get a read receipt and keep printed copies of the email, the read receipt, and any reply.  Once the notice is delivered, the landlord has 10 days to fix the problem  (33-1361).  If it is an essential service like heat, air conditioning or water, the landlord has 5 days to remedy the situation (33-1364).  Failure to remedy the problem after notice and the specified time triggers possible tenant remedies.  The tenant has the right to terminate the lease, sue for injunctive relief or sue for damages  (33-1361).  If the landlord fails to act after the required notice, the tenant may pay to fix minor problems and deduct it from the rent.  This remedy is limited to $300 or 1/2 the rent, whichever is greater.  (33-1363).  You may want to include your intended action in the notice you send the landlord.