questions & answers

Question: We rent a house from our landlord. The house has a swamp cooler the connection from the swamp cooler to the water faucet broke. It caused my water bill to increase by $80. My landlord is telling me that it's my responsibility to know if something is broken and therefore I am responsible for the increase. I informed them immediately after I knew and shut the faucet off. The connection is something that needs to get replaced every year. Is my landlord right? Am I responsible for the water bill increase?

Answer: Under the Arizona Residential Landlord and Tenant Act, 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”; “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”; and “supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions...” (A.R.S. 33-1324). However, the Act also states that the landlord and tenant of a single family dwelling may agree in writing, supported by adequate consideration, that the tenant perform the landlord’s duty to “supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions...”, and also specified repairs, maintenance tasks, alterations and remodeling” (A.R.S. 33-1324). What this means is that if your rental agreement makes it clear who is responsible for maintaining the swamp cooler connection, then that is your answer, but if it does not then you and the landlord may need to negotiate a mutually satisfactory resolution together.