questions & answers

Question: We have rented a townhouse and upon moving in have found that the air/heat did not work. It has been over three months and the landlord has yet to fix the issue and now even her realty company will not return my calls. Is there anything I can do, legally?

Answer: Your question is answered by the Arizona Residential Landlord Tenant Act.  Unless, there is something in your lease that requires you to pay for the repair of major appliances (That would be very unusual), section 33-1324 of the Act requires the landlord to maintain heat, ventilation, and air conditioning appliances in good and safe working order.  Your remedy is covered by section 33-1364.  You must give written notice to the landlord of the broken heating system.  Hand-deliver the notice or mail it to the landlord.  If the landlord does not repair the heating system after written notice, you can either sue for damages or find substitute housing that is reasonably comparable to the rental for the period of the landlord's failure to provide heat.  The statute excuses you from paying rent while there is no heat.  Pull up Arizona Revised Statutes on the internet and read the statute to better inform yourself of your rights.