questions & answers

Question: My landlord seems to be blowing off some of my repair improvement requests on the house I'm renting. These requests include sealing the 3 doors to enter the house, open electrical outlets, the water heater makes the loud popping noises, insulation and overall sealing of the house. We get a lot of bugs inside, some of the wood post that hold up the carport are not secured to the roof. Even though the roof had been repaired before we moved in, there are still many spots around the house that are very visible, that it's obviously rotted wood. Am I allowed to renegotiate my rent?

Answer: Unless your rental agreement with the landlord expressly permits it, which is highly unlikely, or your landlord agrees – in writing – to a new monthly rent amount or one-time reduction, then the answer is no. Under Arizona law, a tenant may not unilaterally withhold or pay less rent in order to compel a landlord to make required repairs (A.R.S. 33-1368). What the tenant may do is deliver to the landlord a signed and dated letter specifying any problems and demanding that they be fixed within a reasonable period of time, citing the Arizona Residential Landlord and Tenant Act, which states that a landlord must “comply with the requirements of applicable building codes materially affecting health and safety”; “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; and “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.” (A.R.S. 33-1324).