Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My a/c & refrigerator are not working due to an issue with an electrical breaker. It has been 5 days,causing my food to go bad & apartment has a bad smell due to air not circulating..what should I do?

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises,” that is, to ensure that the dwellings that they rent out to tenants are kept in a clean and safe (or “habitable”) condition (A.R.S. 33-1324). Landlords must ensure that all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances are in good working order.
The landlord has ten days after recieving written notice of the breach of contract to have the repairs made.

33-1361. Noncompliance by the landlord

1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.

2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.

Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.

If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.