Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am renting a house the sewage pipes are busted landlord is having it repaired but during the repair what is the landlords responsiblity for housing and per diem while home is not livable?

Answer: The Rights and Responsibilities of a Landlord and Tenant are largely governed by the Arizona Residential Landlord and Tenant Act (A.R.S. § 33-1301 to A.R.S. § 33-1381). A.R.S. § 33-1324 requires the landlord to maintain the premises in a “fit and habitable condition.” Specifically, A.R.S. § 33-1324(4) requires that the landlord maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities supplied by him. The landlord generally has a reasonable timeframe to make the necessary repairs to ensure the premises are in a “fit and habitable condition.” If the sewage pipes are currently being repaired, rendering the house without running water or working toilets, the tenant generally has the ability to seek comparable accommodations during the repairs. For example, you may be able to stay at a hotel and request reimbursement from the landlord for the days in which the water service to the home was interrupted. However, you should be aware that staying in a 5-star resort with the expectation that the landlord will be responsible for the cost is unlikely to be considered “comparable accommodations.” A moderately priced hotel room in the same vicinity as the house you are renting is generally considered reasonable. Further, the landlord may elect to have any substitute lodging cost (ie. the cost of the hotel room) deducted from rent due, rather than paying for a hotel room outright. You should review the terms of your lease agreement to determine if there is a per diem or substitute lodging provision that would apply to your situation. This information is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.