Legal Question in Landlord & Tenant Law in Arizona

I moved into a rental property on May 20th 2009. On May 20th when the gas worker came to turn on the gas they gave us a notice of a hazardous condition in the home which i have a signed dated copy of. i notified the rental company several times and even have a certified mail receiptof a letter i mailed stating that it needed to be repaired no later that 5 days of receipt of the notice or the lease would be breeched per the landlord tenant act Article 4 Section 33-1361. that was June 5th and nothing has been done. it is about to be winter and i am fed up with the uncooperative behavior on the parts of my rental company and the landlord. can i move out and will i be liable to pay anything?


Asked on 10/13/09, 6:50 pm

1 Answer from Attorneys
Jeanne Whitney Whitney Law Office

Although the letter you sent in May would technically appear to terminate your lease under ARS 33-1364 and 33-1361, you might want to call the manager to tell them you'll be leaving unless the repairs are made. Be sure to follow up the phone call with another written letter and attach the May letter. Then you might have to move out.

Can the landlord still try to collect money for a broken lease or file an action in court? They could file something but then you should seek legal assistance.

I assume you don't want to be responsible for fixing the problem and that the cost would be over $300; otherwise you could take "self-help" action under ARS 33-1363 which may require more notice to the landlord.

It appears from your zip code that you live in Pima County. I work in Cochise County so I would not be able to go to court; however, I would be able to assist you with any letters or notice to the landlord. I charge $200/hour, but we might be able to work out a lower rate for just a letter. Call me at (520) 507-2067.

Good Luck,

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Answered on 10/23/09, 1:25 pm


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