questions & answers

Question: I have had a serious leak in my garage from rain for just over 2 years. The landlord keeps having me tale time out of my day to meet with roofers that patch things but do not fix. when its not fixed he will hire a different roofer because they all tell him all the tile needs to be pulled up and redone. it is still not fixed and we are having mold issues. I have buckets to collect water in the 2 spots it leaked every time it rains. I have taken several hours off work for this and still nothing is correct. What can I do as a renter to get this fixed?

Answer: Under the landlord/tenant rights,  A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324.

• Provide the tenant with the name and address of the property’s owner and manager
• Provide the tenant with a free copy of the Arizona Landlord and Tenant Act
• Provide the tenant with a signed copy of the lease
• Provide the tenant with possession of the residence
• Comply with applicable building codes
• Make necessary repairs so that the residence is habitable
• Keep common areas clean
• Maintain all electrical, plumbing, heating, and air-conditioning equipment
• Provide for the removal of trash
• Supply running water and reasonable amounts of hot water

 Security Deposits A.R.S. § 33-1321 

A landlord can require that the tenant make a security deposit to cover any potential damages made to the property. The amount of the security deposit cannot be more than one and one-half month’s rent. Upon move-in, the landlord is required to furnish the tenant with a signed copy of the lease, a form documenting any damages to the property, and written notification that the tenant may be present at the move out inspection. However, the tenant is required to ask the landlord when the move out inspection will occur. If a tenant requests the security deposit back after he has moved out, the landlord must return it or provide an itemized list of all of the deductions taken for property damage and the balance of the deposit within 14 days. If the landlord fails to do so, the tenant can file suit in a justice court and recover twice the amount wrongfully withheld. 

Tenant Options if Landlord Fails to Comply 

Self-Help for Minor Defects A.R.S. § 33-1363

If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests. 

You may also want to look at the AZ Residential Landlord Tenant handbook.  If none of these help, you may want to contact an attorney.