Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My house was burglarized and entry was gained through a broken window. I have contacted my landlord 48 ago, and have received no response. How long does she have to respond to making repairs?

Answer:

Self-Help

A tenant can provide self-help repair of minor defects, if the reasonable cost of repair or compliance is less than $150.00 or one-half month's rent (whichever is greater). When a tenant wants to use self-help, they must do the following:

1.Notify the landlord in writing intention to correct the problem at the landlord's expense.

a.The landlord has 10 days (or as promptly as conditions require if it's an emergency) to correct the problem.

2.If the landlord does not correct the problem, a tenant may have the work done by a licensed contractor. The tenant then needs to submit to the landlord an itemized statement of the contractor's charges and a waiver of the contractor's lien (ask the contractor for this). The tenant may be able to deduct the amount paid from the next month's rent.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01363.htm&Title=33&DocType=ARS

Termination of the Rental Agreement

According Arizona law, a tenant may terminate a rental agreement if there is a "material noncompliance" by the landlord. By law, all of the provisions of the Landlord/Tenant Act are a part of the rental agreement, which includes a landlord's failure to properly maintain the premises. A.R.S. 33-1361.

In order to terminate the rental agreement for material noncompliance a tenant must do the following:

1. Give written notice to the landlord specifying the problem and stating that the agreement will terminate in no less than 14 days or more if the problem is not fixed in 10 days. A.R.S. 33-1361.

2. If the problem is one that materially affects health and safety, you may give a shorter notice.

oIf the landlord fixes the problem before the date specified in your notice, the rental agreement will not terminate. If the problem is not fixed within that time, the agreement will terminate, and the tenant must vacate the premises. In this case, the landlord must return the security deposit as if the tenant moved out according to the agreement. A.R.S. 33-1361.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01361.htm&Title=33&DocType=ARS

Notice
According to the Arizona Landlord/Tenant Act, a landlord may receive notice by delivery or hand mail by registered or certified mail. Notice must be made to the place of business, of the landlord, any place held out by the landlord as the place for the receipt of communications, or to anyone who is his agent (such as the apartment manager or property manager). A.R.S. Section 33-1313.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01313.htm&Title=33&DocType=ARS