Landlord and Tenant Rights and Responsibilities
questions & answers
Question: I reported a broken air conditioner to the management company for the house I rent and it has been 4 weeks and the air conditioner is still not fixed during this time there have been several days the internal temperature of the home has exceeded 98 degrees what are my rights and the landlord responsibilies
Answer: There is an article on our website entitled Housing Landlord Tenant Rights and Responsibilities. Go to: http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=25 to read this.
Specifically to answer your question, it says:
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 also want to speak with an attorney regarding this issue.
QUESTIONS
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I reported a broken air conditioner to the management company for the house I rent and it has been 4 weeks and the air conditioner is still not fixed during this time there have been several days the internal temperature of the home has exceeded 98 degrees what are my rights and the landlord responsibilies
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