Question: Our landlord refuses to fix our swamp cooler and the resulting problems. The swamp cooler leaks water, which has damaged the roof so that it leaks in our bedroom & closet for the last 3 years. This year it blew a fuse, so the landlord is using OUR extention cord for power. Now, whenever the cooler is turned on, the faucets and metal parts of our toilet/sink are electrified. We would like to file the 10 day repair notice but can't afford to move out. Can we file for damages while still living in the apt? Are we allowed to stay until the case is over?
Answer: - Generally, the Arizona landlord tenant act is helpful to read for any situation similar to this, it can be found here, along with other useful information. Also, the Maricopa County Superior Court’s website here contains useful information relating landlord/tenant obligations and remedies that are available for failure to comply with the obligations. A few statutes from the Arizona Revised Statutes may be helpful to read as well, these include: ARS 33-1324 – Landlord to maintain fit premises; ARS 33-1363 -self help for non-complaince of ARS 13-1324; – Noncompliance by the landlord; ARS 1364 –Wrongful failure to supply heat, air conditioning, cooling, water, hot water or essential services.
June 14, 2011