questions & answers
Question: Can you rent a home without running water? Water has to be delivered into underground tank who is responsible too pay for the water? And is a month to month hand written lease legal for the deration of your stay or do you have to sign a new lease every month ?
Answer: According to the Landlord Tenant Act (Title 33, Chapter 10, Article 2, Section 33-1324):
A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. 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 or required to be supplied by him.
5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord 's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
Penalties for failure to maintain services are outlined in Article 4 Section 33-1364 of the Landlord Tenant Act.
According to the Landlord Tenant Act 33-1310:
12. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
17. "Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect not including any wrongful hold over period.
For the full text of the Landlord Tenant Act: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf
For a summary of the rights and responsibilities of residents: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf
Can you rent a home without running water? Water has to be delivered into underground tank who is responsible too pay for the water? And is a month to month hand written lease legal for the deration of your stay or do you have to sign a new lease every month ?
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State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
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