Landlord and Tenant Rights and Responsibilities

questions & answers

Question: What is the best route to take with my landlord? There is a dead mouse deep in the stove/oven. I cannot use it and my house smells bad from it. The landlord says I have to pay him $50 to replace it as it is for my use.

Answer: A landlord has certain responsibilities he must abide by.  They are:

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

As a tenant there are several things you can do:

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. 

For more information you may want to read the article on azlawhelp at http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25 or you may want to contact an attorney.

QUESTIONS

  • What is the best route to take with my landlord? There is a dead mouse deep in the stove/oven. I cannot use it and my house smells bad from it. The landlord says I have to pay him $50 to replace it as it is for my use.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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