questions & answers

Question: My wife and 3 children have been renting a home in mesa for a year now. The landlord has permanently moved to Oregon and has who ever she decides come over and leave us threating notes and notes on my wifes car. her so called "step dad" has harrassed my wife while at work on numerous occasions because he doesnt like my attitude and always has weird request for us..Our AC went out on Memorial Day and my landlord was notified and he svd as the landlrd name for the diag chk of the compl broke a/c. $3800 new, $2600 repair....She told us that when we send our rent in shed fix..stil no air. eviction

Answer:

http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf 

33-1364. Wrongful failure to supply heat, air
conditioning, cooling, water, hot water or essential
services
A. If contrary to the rental agreement or section 33-
1324 the landlord deliberately or negligently fails to
supply running water, gas or electrical service, or both
if applicable, and reasonable amounts of hot water or
heat, air-conditioning or cooling, where such units are
installed and offered, or essential services, the tenant
may give reasonable notice to the landlord specifying
the breach and may do one of the following:
1. Procure reasonable amounts of hot water, running
water, heat and essential services during the period of
the landlord's noncompliance and deduct their actual
reasonable cost from the rent. If the landlord has failed
to provide any of the utility services specified in this
section due to nonpayment of the landlord's utility bill
for the premises, and if there is no separate utility
meter for each tenant in the premises such that the
tenant could avoid a utility shutoff by arranging to have
services transferred to the tenant's name, the tenant
may either individually or collectively with other tenants
arrange with the utility company to pay the utility bill
after written notice to the landlord of the tenant's intent
to do so. With the utility company's approval the tenant
or tenants may pay the landlord's delinquent utility bill
and deduct from any rent owed to the landlord the
actual cost of the payment the tenant made to restore
utility services. The tenant or tenants may continue to
make such payments to the utility company until the
landlord has provided adequate assurances to the
tenant that the above utility services will be maintained.
2. Recover damages based upon the diminution in the
fair rental value of the dwelling unit.
3. Procure reasonable substitute housing during the
period of the landlord's noncompliance, in which case
the tenant is excused from paying rent for the period of
the landlord's noncompliance. In the event the periodic
cost of such substitute housing exceeds the amount of
the periodic rent, upon delivery by tenant of proof of
payment for such substitute housing, tenant may
recover from landlord such excess costs up to an
amount not to exceed twenty-five per cent of the
periodic rent which has been excused pursuant to this
paragraph.