Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My roof is caving in,in the kitchen. I have a lease for a year. Can the landlord decide the damage is to severe and just kick us out

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required to “comply with the requirements of applicable building codes materially affecting health and safety” and “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). This makes a landlord responsible for properly maintaining the roof of a dwelling. If a landlord were to fail to properly maintain the roof of a dwelling during the course of a tenancy, then the landlord would be in violation of the landlord’s legal obligations. If a landlord were to use the safety hazards resulting from an improperly-maintained roof as an excuse to try to terminate a tenant’s tenancy, then the tenant could be entitled to financial compensation.