questions & answers

Question: We signed a lease saying we were responsible for plumbing issues. We should not have moved there. We’ve had plumbers out so many times and we still have no working toilet or sink. Is there anything we can do at all. I feel like we’re stuck for a year without a bathroom with children and a brand new infant in the home. Any advice?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and to “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). When the rented property is a single-family dwelling, the landlord and the tenant may agree in writing, supported by what the law calls adequate “consideration” (some benefit to the tenant in exchange for agreeing to take on the additional duties and costs), that the tenant will perform some of the tasks which are generally the responsibility of a landlord and also specified repairs, maintenance tasks, alterations, and remodeling, but this does not apply when the work is necessary to cure noncompliance with the requirements quoted above. You may wish to consider contacting a lawyer to see if your rights as a tenant are being violated. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).