questions & answers

Question: I have been complaining to my land lord about the roof leaking and my water heater not working it wasnt fixed nor did she reply i recently lost my job and explaind my situation i send money every other week, once i fell behind thats when she sent a 5 day notice can she do that when ive been making payments and she hasnt fixed anything ?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord’s failure to make requested repairs does not permit a tenant to stop paying rent. So unless you and your landlord have an agreement in place (ideally in writing, if not this time, then next time) regarding twice-a-month rent payments, your landlord is within her legal rights to give you 5 days notice ((A.R.S. § 33-1368(B)). If you are unable to pay the full amount of rent that you currently owe either within the 5-day period or after the 5-day period but before your landlord has filed a complaint with the court to begin the eviction process, and your landlord does pursue an eviction, then you can always tell the judge about the fact that your landlord was accepting twice-a-month rent payments, and there is a chance that the judge will ask your landlord to continue to accept them.