Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Our roof caved in in the bedroom and looks shaky in the kitchen (under the entire weight of the swamp cooler). We have sent a certified letter. We are moving but our landlord is refusing to refund our deposit. What are my options?

Answer: A caved in roof creates a premises that is uninhabitable and in violation of both Arizona Revised Statutes, section 33-1324 and 33-1364.  Under the Arizona Residential Landlord Tenant Act, a tenant may have the right to sue the landlord for damages.  Under A.R.S. Section 33-1367, a tenant can recover up to two months rent or twice your actual damage, whichever is greater.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.