Landlord and Tenant Rights and Responsibilities

questions & answers

Question: There was a fire in an apartment above me 5 weeks ago. There is no work being done yet. Can I get out of my lease without any penalties?

Answer: Under the Arizona Residential Landlord and Tenant Act (ARLTA), a tenant may terminate a rental agreement and return possession of the dwelling to the landlord without penalty only (1) if the landlord has materially breached the rental agreement (for example, by failing to fulfill the landlord’s obligation to “maintain fit premises” under Section A.R.S. 33-1424 of the ARLTA) and (2) if the tenant has notified the landlord in writing about the landlord’s material breach, provided the landlord with time to comply, and the landlord has failed to comply. This is what the ARLTA says: “[I]f there is a material noncompliance by the landlord with the rental agreement ... the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days” (A.R.S. 33-1361(A)).