Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If my apartment has been broken into while I was at home sleeping in the middle of the night and a police report has been made and another night when my car was vandalized a police report was made and another night a neighbors car was broken into, the same complex a police report was made, Do I have the right to break my lease without penalty by the landlord?

Answer: There is no easy answer to this question. The landlord tenant act requires the landlord to "make all repairs and do whatever is necessary to keep the premises in fit and habitable condition" (ARS 33-1324 A 2). This provision has usually been interpreted to apply to the physical condition of the premises and not general physical safety. I an am not optimistic that a judge would apply it to your circumstances. I suggest you contact your landlord and express your concerns and see if they can take any steps to increase security.

QUESTIONS

  • If my apartment has been broken into while I was at home sleeping in the middle of the night and a police report has been made and another night when my car was vandalized a police report was made and another night a neighbors car was broken into, the same complex a police report was made, Do I have the right to break my lease without penalty by the landlord?

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