Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can I legally get out of my lease if I have had no  hot water for two months and has not been fixed

Answer: If you have complied with the requirements of the Arizona Landlord/Tenant Act and if the landlord failed to respond, you may be able to get out of your lease.  The Act requires the landlord to maintain a fit and habitable premises.  That includes hot water. (A.R.S. Section 33-1324).  However, to trigger the protections of the Act, you are required to give the landlord written notice of the problem.  That means writing a brief letter informing him that he is in violation of state law 33-1324 because he has not provided hot water for 2 months.  According to A.R.S. Section 33-1361, you must state that if the problem is not fixed within 10 days, you will consider the lease terminated and will move out.  Then, you must serve him with the letter.  You can hand-deliver it or send it by certified mail with return receipt.  Keep a copy of the letter for your records.  If you hand-deliver, keep a note on exactly who you handed it to.