Tuesday, June 22, 2010

What Do I Do When My Landlord Refuses To Make Repairs?

A.R.S. §33-1324 requires a landlord to:

  • Comply with the requirements of applicable building codes materially affecting health and safety.
  • Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
  • Keep common areas in a clean and safe condition.
  • Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning etc.
  • Provide and maintain appropriate receptacles for waste removal
  • Supply running water and reasonable amounts of hot water at all times, reasonable heat and with a few exceptions, supply reasonable air conditioning or cooling.

Out of state landlords do have an obligation to you, so don't allow yourself to be alienated by property managers. If the property manager refuses to make repairs then approach the out of state landlord directly via a phone call or letter. Approach everyone in the spirit of cooperation and try to rectify problems not make demands. By explaining the nature of the problem to as many people as possible someone along the way may empathize with you.

Out of state owners must designate and record with the assessor a statutory agent who lives in Arizona and will accept legal service on behalf of the owner. The fact that your landlord utilizes a property management company does not relieve them of this obligation. Many in state and out of state landlords don't even have their property registered with the county as a rental. This also does not relieve them of obligations to tenants. In fact, residential rental property is not to be occupied if the aforementioned is not filed with the county assessor.

If you are not getting a response from your landlord on matters concerning repair then you should contact an attorney for legal advise. Most of us don't have the money for that, however. My suggestion is to start by reading Leasing Real Property by Michelle Lind, Esquire. You will need to seek the advice of legal counsel at some point, however, since articles are not meant to be legal advise.

Become an educated and aware tenant. Read the Residential Landlord Tenant Act for further information regarding your rights as a landlord or a tenant. When searching for rental property consult a licensed Realtor and thoroughly inspect the property prior to moving in. In addition to that get all promises in writing.

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