QUESTION
What can a tenant do if the landlord refuses to fix issues in our home?
Asked on Dec 14th, 2011 on Landlord and Tenant Law - Arizona
More details to this question:
We have told the landlord about the problems that persist in our home. He has made no effort to fix the issues in the two months we have been here. I have heard from previous tenants of the residence that the issues were a problem when they resided at the residence. Our rent is up to date, except for this month, which it would be late, but we would like to move out at the beginning of the year. What should we do?
5 ANSWERS
If the repairs needed involve serious health and safety issues then you should report them to the local government entity responsible for enforcement of the health and safety codes. Alternatively for smaller, more routine problems you should notify the landlord of the problem in writing and then if nothing is done within a reasonable time given the nature of the problem you can use a procedure known as repair and deduct. Under that procedure a tenant may repair a problem and deduct up to one month's rent. There are restrictions on the availability of this procedure so consult a real estate attorney who can assist you in determining if this procedure is right for you.
Answered on Dec 16th, 2011 at 2:02 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Perhaps he has not remediated the problem because it is an excepted repair in your lease or otherwise he is not responsible. I would have to know the exact problem and read the lease to give you a legal opinion on your options.
Answered on Dec 16th, 2011 at 12:15 PM
Steven D. Dunnings
Withhold rent until the issues are resolved. If there is a Code compliance officer/city inspector, call him/her to inspect the house.
Answered on Dec 16th, 2011 at 10:04 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the matters are serious you can call in the building inspector. Otherwise, you can withhold the rent but set it aside and complain when he brings you to court.
Answered on Dec 16th, 2011 at 9:52 AM
You have many choices. You could simply move out, but you would be responsible for rent until the end of your lease. You can serve the landlord with a notice about what needs to be repaired. Depending on the nature of the item, you must give him 5 or 10 days to effect repairs. If he does not make repairs within that time, you may terminate the rental agreement and vacate. And finally, you can give him a 5 or 10 day notice (same as above), and if the landlord does not make repairs, you may have the item fixed and deduct it from the next months rent. The issue must affect the "habitability" of the unit and you must use a licensed contractor. The exact requirements are in ARS Section 33-1363. Go here: _http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01363.htm&Title=33&DocType=ARS_ (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01363.htm&Title=33&DocType=ARS)
Answered on Dec 16th, 2011 at 9:48 AM