questions & answers

Question: for 8 weeks i had a leek with foul smelling oder,when it was to be fixed i was told we would have to stay somewhere with my pets so they could work.i told my landlords i had no place to go or could not afford a Motel, did not matter. it cost me $362.30 but i was told they would take off $125.00 from my rent. thats not right,is it?

Answer: According to the landlord/tenant act:

Failure to Supply Essential Services A.R.S. § 33-1364 

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.

You may wish to read the article on azlawhelp  Landlord and tenant Rights and Responsibilities article  at http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25