As an Arizona renter, you may have the misfortune of renting property which has a significant problem and a landlord who does little or nothing to address the issue.? Depending on how bad the situation gets, you may want to break your lease or recover the money you had to pay out of pocket to fix whatever is wrong.? Your first step is to ask: What are my rights against my Arizona landlord?
Arizona Law
The Arizona Residential Landlord and Tenant Act (?the Act?) covers standard rental housing agreement issues. ?However, there is not a state agency which enforces any of its provisions.? ??According to the Arizona Department of Housing, this is because ?most landlord/tenant relations are private transactions, [and] disputes that arise between landlord and tenants are generally considered private matters.?
Check Local Ordinances
Currently, the Act is the primary law which applies throughout Arizona.? However, individual cities and towns may have local ordinances in place which add requirements for landlords.? For example, the Act requires that a landlord provide ?adequate heating and air-conditioning.”? However, the city of Tempe has a much more detailed local ordinance which specifies the location and temperature range of an air-conditioning and heating unit. ?Recent developments in the law have made clear that any ordinance enacted by a municipality after December 31 will most likely not be valid.? It’s uncertain whether this shift will lead to amendments of local law in the future.? ??However, for now, it is worth checking your communities? codes to see if your landlord is in compliance.
Landlord Discrimination
Arizona landlords cannot decline to rent to someone in a manner which is discriminatory.?? Both federal and Arizona law prohibits landlords from refusing to rent to an individual because of his or her race, color, religion, gender, familial status, disability, or national origin.? If you have been denied a rental and you believe it may be for one or more of these reasons, you may have legal recourse.
Landlord Breach
If you are a renter and believe your landlord has ?materially breached? your rental agreement, you may have grounds to send notice of the breach to the landlord and advise them that if the problem is not addressed in 10 days, your agreement will terminate.? However, the issue must be significant for the landlord to be obligated to fix the problem. ?If the problem affects your health and safety, you can give the landlord notice and five days to remedy the issue.? Determining what kinds of breaches are actionable can be challenging.? In this situation, it would be best to discuss the issues with an experienced Arizona real estate attorney.
Can I Stop Paying My Rent?
Arizona law does not allow a tenant to stop paying rent unless it is for a reason authorized by statute.?? In general, a tenant may be able to withhold rent if the landlord has failed to make the property habitable.? Issues such as a landlord deliberately or negligently leaving their tenant with no air-conditioning or heating, without running water, or without utilities may qualify as reasons for non-payment under the law.
Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can help you evaluate your rental situation and determine what steps to take next.? If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the state of Arizona, ?contact Laura B. Bramnick to schedule your consultation.