questions & answers

Question: We are renting an apartment unit in Flagstaff for my daughter who attends NAU. The tenant above has flooded our unit 3 times in the last year because of connecting an illegal bidet. A couple weeks ago the unit flooded for the 4th time because of the sprinkler system. With the most current flood we asked for some diminution since one of the rooms and the laundry was unusable and asked for utility compensation because of the electricity the fans were using. The company gave $25 towards water but will not give any credit towards the rent. What can we d?

Answer: Arizona Revised Statutes section 33-1324 requires a landlord to provide "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. AND 3. Keep all common areas of the premises in a clean and safe condition.." Under A.R.S. 33-1361, you may provide the landlord written notice of the breach in writing that the lease will terminate within 10 days after the receipt of the notice if the breach is not remedied. That notice period goes down to 5 days in the event of a breach "materially affecting health and safety". Under A.R.S. 33-1361(B), you are still permitted to recover damages as well whether you terminate the lease or not. Here is a link to the Arizona Residential Landlord Tenant Act containing the statutes I referenced and other helpful statutes. Please do be sure to comply with the specific notice requirements in each statute: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf