Landlord and Tenant Rights and Responsibilities

questions & answers

Question: under what circumstance can you with hold rent or any amount of the rent from your landlord for doing repairs or fixing things your self that you have asked to be repaired and are not getting done?

Answer: The Arizona Residential Landlord/Tenant Act does have a self-help provision in Arizona Revised Statutes, Section 33-1363.   It says:  "A. If the landlord fails to comply with Section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for  the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. 
After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection."  In short, if the landlord fails to maintain the rental unit in good repair, you must ask him in writing to make the repair.  If he fails to do so within 10 days (sooner if emergency), you must notify him in writing again that you are going to get it fixed and deduct it from the rent.  You must then hire a licensed contractor to do the work, get an itemized statement and submit it to the landlord.  The repairs must not exceed half of the monthly rent.