questions & answers

Question: We put a maintenance request in over a year ago about a leaking skylight. The property manager has yet to fix it. It is getting worse and growing mold now. I put in a new maintenance request over the weekend and have yet to hear from anyone. Is this something that I can withhold rent for until it is fixed or should I hire someone to fix it myself? I do have proof of the original maintenance request dated 4/19/2019 as well as the one I just put in. I don't know how they expect me to pay $1500 dollars for a home with a leak and mold that they won't fix.

Answer: A tenant may not withhold rent to try to get a landlord to make required repairs (A.R.S. § 33-1368(B)). However, the tenant has other options. If the tenant could have the repairs made themselves at a cost of no more than 1/2 of the tenant’s usual monthly rent payment, then the tenant may notify the landlord in writing that the tenant intends to have the required repairs made at the landlord’s expense. If, even after being notified by the tenant in writing of the tenant’s intention to pay for the work then charge the landlord for it, the landlord still fails to make the required repairs within 10 days (or sooner in the case of an emergency), the tenant may have the work done by a licensed contractor, submit to the landlord an itemized statement and a waiver of lien, then deduct from the tenant’s next rent payment the actual and reasonable cost of the work (equal to no more than 1/2 of the tenant’s usual monthly rent payment) (A.R.S. 33-1363(A)). The tenant also has the option to take the landlord to court, either to recover compensation for any financial losses suffered by the tenant due to the landlord’s failure to make the required repairs or to ask the court to order the landlord to make the required repairs (A.R.S. § 33-1361(B)).