questions & answers

Question: Had an emergency went out of town, forgot to pay my light bill upon returning, notice community lights outside of Apartment was off, go inside, my lights are off, next morning I call and pay bill, lights back on as well as community lights, ask property Mmanagement to check out see if I'm paying for common lights, she aid she'd have oemm one check, that as two weeks ago, came home tonight and turned the main breaker off in my apartment sure enough the lights outside went off too. I've been paying their bill for 7 months, can I sue them and I need these lights turned off. $266 monthly,live alon

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. The Housing counseling hotline provides help to tenants about their rights and responsibilities and here is the phone number 602.262.7210.  
 
The Rights and Responsibilities of a Landlord and Tenant are largely governed by the Arizona Residential Landlord and Tenant Act. ARS 33-1324 requires the landlord to maintain the premises in a “fit and habitable condition.” Specifically, ARS 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 and appliances, including elevators, supplied by him. The landlord generally has a reasonable timeframe to make the necessary changes or remedies to ensure the premises are in a “fit and habitable condition.”  It is a good idea for a renter to notify the landlord, in writing, of the problems with the rental property. A sample general Request for Repairs and a Request for Repairs related to health and safety can be found on this website.  Additionally, ARS 33-1363(A) states, "[i]f the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense." The tenant’s notice of intention to correct the condition must be in writing to the landlord and the landlord must be given ten days after the receipt of notice to correct the problem. This statute allows a tenant then to make minor repairs to the premises at the landlord’s expense. However, please be aware of the $300 limitation per ARS 33-1363(A).