Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have no front door on my house it been a month I signed n turned a fix paper but still nothing my roof leaks on half the house if I repair it n take it outta rent can they evict me if I provide a reciep

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises,” that is, to ensure that the dwellings that they rent out to tenants are kept in a clean and safe (or “habitable”) condition (A.R.S. 33-1324). (As a general rule, this obligation on the part of the landlord applies to all residential dwellings. However, under some circumstances, a lease agreement for a single-family residence may expressly transfer some of these responsibilities to the tenant.) If a landlord neglects or refuses to fix a specific problem and in so doing fails to comply with his/her obligation to ensure that a dwelling is “fit and habitable,” and the reasonable cost of fixing that problem would be no more than either (a) one-half of the monthly rent or (b) $300 (whichever is more), then the tenant may notify the landlord in writing of the tenant’s intention to fix the problem at the landlord’s expense. If the landlord fails to fix the problem within ten days (or as soon thereafter as conditions require in the case of an emergency), then the tenant may have the work done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from the tenant’s rent the actual and reasonable cost of the work, not exceeding the amount specified above (A.R.S. 33-1363). (It is important to note that the tenant may not make repairs at the landlord’s expense if the problem in question was caused by a deliberate or negligent act or omission by the tenant, a member of the tenant’s family, or any other person on the premises with the tenant’s consent, or if the condition repaired does not constitute a breach of “the fit and habitable condition” of the premises.)