Landlord and Tenant Rights and Responsibilities

questions & answers

Question: There's a piping issues that has me in the model apartment instead of mine while they fix it. However, they won't let me bring my dog. She has to be locked up the whole time while they work on the piping in the apartment. What can I do?

Answer: I always recommend consulting the Arizona Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf If your lease allows for you to have a dog, then the landlord must allow for you to have your dog in the substitute housing they provide while they fix a maintenance issue they are obligated to take care of. The problem is what is your remedy? You can give them notice of a breach under A.R.S. 33-1361 (you can find it in the link above). Under that statute if they refused to remedy the situation you could terminate your lease. You could also file a lawsuit for injunctive relief and damages under A.R.S. 33-1361(B) -- or at least threaten to do so. I would give them written notice (personally served or sent by certified mail return receipt requested) under A.R.S. 33-1361 and either indicate that the lease will terminate in 10 days or that you will seek injunctive relief and damages in 10 days if they fail to comply. Make sure you cite the statutes and calculate the time from the date the notice is received by the landlord. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.