Legal Question in Legal Ethics in Arizona

Landlord/Tennat laws

I am looking for advice on if I can refuse to pay rent. The situation is this On November 3, 01 I moved into my apartment. I have complained several times to my landlord about things that need to be fixed. Some of the items include.. My front door, toliet, dishwasher, and lights and hot water heater.. They always tell me that they will send someone. Now we are under new management, and I have made the same complaints. To no avail noone has been sent to fix them. I am not sure of the Arizona Landlord/Tennat Laws, and I don't know where to look either. Can I stop paying rent until things are fixed? I don't think they understand that i don't feel safe with the front door not working properly, nor liking to wait 45 minutes to use the restroom again. Also, I have complain to them that I get only 2-5 minutes of hot water, and they said they would fix it right away. I tell them atleast 2 a week, and so do my 2 roommates. Can you give me some advise on what to do?


Asked on 3/10/01, 11:55 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Landlord/Tennat laws

When a landlord fails to provide the premises and/or services contained in the rental agreement or lease, then the tenant is under what is legally termed "constructive eviction," meaning that the use for which the premises was intended is not possible. This is particularly true with things such as sanitation, heat, etc.

Under those circumstances the tenant is obligated to provide the landlord with written notice of the deficiencies, after which the tenant may withhold the rent until the problems are resolved.

Sometimes landlords chose to terminate rental agreements rather than fix the property.

Good luck.

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Answered on 5/22/01, 10:06 am


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