What to do if my landlord scheduled maintenance to replace the hot water pipes for the complex and since then I have had no hot water?

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What to do if my landlord scheduled maintenance to replace the hot water pipes for the complex and since then I have had no hot water?

Which was scheduled on the 20th of this month. Since that date my unit has been without any hot water whatsoever. I cannot take a shower because the water is freezing, or do regular day to day things like wash dishes. When I asked my landlord as to when she can fix this problem, she did not show any signs of interst or concern. To this day mt unit still does not have any hot warm or even lukewarm water. I would like to know if there is any advice or legal actions I can take?

Asked on December 28, 2012 under Real Estate Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.  When there is a breach of the implied warranty of habitability such as no hot water in your situation, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs.

When the landlord fails to respond within a reasonable time, the tenant has the following options:  The tenant can make the repairs (call a plumber) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  You can also contact the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.


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