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Your Questions About Apartment

May 26, 2012

William asks…

Should an apartment complex be responsible for clearing snow?

The snow plow “clearing” my apartment parking lot piled snow 3-feet high behind my car. I don’t have a shovel (although I realize now I need one) so I spent the morning cleaing the snow with a broom (which is now ruined).

I saw other people with the same problem … one girl got stuck trying to pull out last night.

Should it up to apartment managment/matinence to assure we don’t have this problem?

Administrator answers:

I would think so, probably with the outrageous amount of rent you’re paying.

Phurface

Maria asks…

How hot can my apartment get before it becomes illegal?

I live in an apartment in Scottsdale, AZ. The temperatures outside reach 120+ degrees. My utilities are included in my rent, however with the a/c running constantly, it rarely gets below 90 degrees in my apartment. What is the maximum temperature my apartment is allowed to reach before it becomes illegal?

Administrator answers:

Arizona law does not specify what temperature range is acceptable. However, it does say that the temperature must be “reasonable.” Please read:

” 33-1324. Landlord to maintain fit premises

A. The landlord shall:
6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.”

http://www.azleg.state.az.us/ars/33/01324.htm

This means that if the LL is in control of the thermostat, he has to keep the temperature reasonable. Personally, I would not consider an interior temperature of 90 degrees reasonable or tolerable. Here is the provision in the law that explains your rights in such conditions:

“What can a tenant do if a landlord breaches the rental agreement?

If a landlord materially fails to comply with the rental agreement, the tenant may deliver a written notice to the landlord specifying what the landlord did or didn’t do and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. A.R.S. § 33-1361(A). If the material breach affects the health and safety of the tenant, he or she may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied within five days. A.R.S. § 33-1361(A).

A tenant cannot withhold rent unless it is authorized by the act. A.R.S. § 33-1368(B). Generally, the only time rent can be withheld is when the landlord has deliberately or negligently failed to supply running water, utilities, reasonable amounts of hot water, or heat, air-conditioning, etc. See A.R.S. § 33-1364 for the details of what the tenant can do in this situation.”
http://www.law.arizona.edu/Library/internet/publications/library/guides_legal/landlord_tenant.htm

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