Legal Question in Landlord & Tenant Law in Arizona

In Arizona can a landlord require tenants to be entirely responsibile for maintenance and repair on all appliances??

Tucson, AZ Viewed 0 times. Posted less than a minute ago in Landlord / Tenant

I rent a unit in a duplex from a realty company & our fridge stopped working last week. We called them & they said were repsonsible for all maintenance & repairs on appliances & it is written in our lease. We have found that according to ARS statute 33-1324 paragraph6, section C- they can ASK us to perform repairs (that are less than 1/2 the regular rent amount) but they MUST provide adequate consideration, which by legal definition we have found to mean equal compensation/reimbursement in the form of a rent deduction, monetary payment, material goods or services. They refuse to fix it or reimburse us if we have it fixed. They say if we deduct it from our rent they will evict us. Is this legal??? We gave them a written request 4 repair but they still refuse. what can I do??


Asked on 12/21/09, 9:37 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Go to your local Justice Court and review a copy of the AZ Landlord Tenant Act and compare the rules to a careful reading of your lease agreement. The lease agreement may provide that you are responsible for all repairs, or all minor repairs (ie. $35 or less) or have some other provision. Once you have determined what the lease agreement provides for repairs of items like the refrig, and what the law provides, then you can determine if the realty company is right or wrong and you can take action to repair and deduct it from the rent, or repair and keep paying the rent but sue the realty company for the cost of repairs. First find out where you stand and then make a written demand on the landlord to act.

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Answered on 12/27/09, 7:40 am


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