Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My Central AC keeps breaking down. is it my landlords responsibility to fix it? its 90+ degrees in my house due to the heat.

Answer:

You may want to read the Landlord/Tenant statutes to know what the landlord's responsibilities and yours are. Below is what the landlord is responsible for.

<b>Landlord Obligations </b>

A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324.

•Provide the tenant with the name and address of the property’s owner and manager

 •Provide the tenant with a free copy of the Arizona Landlord and Tenant Act

 •Provide the tenant with a signed copy of the lease

 •Provide the tenant with possession of the residence

 •Comply with applicable building codes

 •Make necessary repairs so that the residence is habitable

 •Keep common areas clean •Maintain all electrical, plumbing, heating, and air-conditioning equipment

•Provide for the removal of trash

•Supply running water and reasonable amounts of hot water

 <b>Tenant Options if Landlord Fails to Comply Self-Help for Minor Defects A.R.S. § 33-1363</b>

 If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.

<b? Failure to Supply Essential Services A.R.S. § 33-1364</b>

 If a landlord fails to provide running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat and/or cooling, then the tenant may give notice to the landlord that he is in breach of the lease. At that point, the tenant has one of the following three options: Option One: The tenant can arrange for utilities on his own and deduct the cost from the rent. With the utility company’s approval, a tenant group or group of tenants can pay a landlord’s delinquent utility bill and deduct that amount from their rent. Option Two: The tenant can file suit and recover damages based on the decreased fair rental value of the residence. Option Three: The tenant can find substitute housing (e.g. a motel) during the period of the landlord’s noncompliance. If this occurs, the tenant is excused from paying rent for as long as the landlord does not provide the essential service.