questions & answers

Question: We had a water leak in our backyard. We notified the landlord in writing three times , but it took one month for them to fix it. Our water bill has now doubled. We wrote to them that we would like them to pay the half exceeding our normal amount--they have not responded. What are our rights?

Answer: Your rights under the Residential Landlord Tenant Act (found here: http://www.azhousing.gov/ShowPage.aspx?ID=484&CID=11) are to seek damages pursuant to A.R.S. 33-1361. Prior to the landlord repairing the leak, you could have given notice and terminated the lease under A.R.S. 33-1361 or arguably had the leak fixed yourself and deducted it from rent under A.R.S. 33-1363. You are technically not permitted under the Act to withhold rent under your circumstances to cover the water bill. If you did so, the landlord could potentially try to evict you. However, a judge at an eviction trial might conclude that you are entitled to an offset for the amount of the water bill you paid. In short, the cleanest way to proceed is to sue the landlord in small claims court if he or she fails to pay after notice. I wish you the best.