questions & answers

Question: I moved into a house 7 days ago and informed the landlord that the toilet was clogged, dryer didn’t work, shower broken, refrigerator broken and some other various things. I have lost hundreds of dollars worth of food. I have been buying dry ice. He said he is purchasing a new one today but won’t reimburse me for it. I paid a $1400 deposit and $1400 rent. What can I do. I have children living with me and no money to buy more food or coolers.

Answer: If, before a rental agreement is signed, a landlord were to promise to fix certain problems, and do so in writing, then by failing to fix those problems, the landlord would be breach of the rental agreement. However, if the landlord and tenant never discussed any problems before the agreement was signed, then it is the responsibility of the tenant to provide the landlord with a signed and dated written notice describing the problems in detail and requesting that they be fixed as soon as possible. Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), a landlord is required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and also “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances […] supplied or required to be supplied by him” (A.R.S. 33-1324). If you believe that the landlord failed to meet this requirement within a reasonable period of time after you provided him with notice, then you may wish to speak with an attorney about your legal options. There are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.