Re: No gas - Landlord Forum thread 326495

Re: No gas by MrDan (Georgia) on October 31, 2014 @13:42

Arizona Revised Statutes Section 33-1324 requires landlords to maintain in good, safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied or required to be supplied by him.

Another provision of the Landlord/Tenant Act, A.R.S. Section 33-1361, allows a tenant to terminate the rental agreement if there is what the statute calls "material noncompliance" by the landlord with the agreement.

'Wrongful Failure to Supply Heat, Air Conditioning, Cooling, Water, Hot Water or Essential Services'

Allows the tenant to procure reasonable substitute housing, in which case the tenants are excused from paying rent until the problem is remedied. If the cost of the substitute housing exceeds your rent, the tenant may recover the difference, up to 25%. above the amount the periodic rent.

There are other remedies the tenant can also pursue under the State Law.

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Re: No gas by sheltered1 (Arizona) on October 31, 2014 @14:17	[ Reply ]

What does "wrongful failure" mean? Does it mean that I didn't do anything upon learning of the gas leak to get it fixed? Because that's not the case. I'm doing everything I can to expedite things. So depending on what that term means, it sounds like I may or may not need to also pay for substitute housing. Also, for earlier posters, I did check with my home insurance company and they said there was nothing they could do to help with compensation. I appreciate the suggestion, though!