questions & answers

Question: How long does our landlord have to repair our garage door? Here's the issue. The automatic system is working, however the door itself is having problems and will not open or close, except for manually. But, the door does not have a lock and is not secured. I've put crow bars in slots on either side of the door but it still opens about three feet. The manager refuses to answer my communications about the door and it's been 24hrs and I'm fearful that someone will get into the garage. Also, it's a terrible pain to go in, pull the bars out, open and or close the door, put the bars in again. Help!

Answer: This is for informational purposes only; you may want to consult an attorney for legal advice.

Under A.R.S. 33-1324. Landlord to maintain fit premises:
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.

This means that your landlord must keep the premises in a safe condition.

Under A.R.S. 33-1363. Self-help for minor defects:
A. If 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 recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection.

A tenant should notify the landlord in writing about the unsafe situations, at which time the manager will have 10 days to respond before you can take action on your own. Refer to the laws cited above for what your options are.