What Is The Tenant Talking About?

Question: We had a recent extreme storm which caused a roof leak into my rental unit. Now the tenant is threatening not to pay rent claiming the unit is uninhabitable. However, he is still living in the unit. Is he allowed to do that?

Answer: The short answer is no, your tenant cannot live in a unit and refuse to pay rent. Obviously, you have a legal obligation to fix any issues that arise, even those that are caused by extreme storms. If there is something that causes the unit to be uninhabitable, and more that a regular noncompliance, their remedies are likely outlined in ARS 33-1366. This statute gives 2 remedies: the tenant can move out, give notice within 14 days and terminate the lease, OR stop using the part of the unit that is uninhabitable, and then pay the prorated rent equal to the part that is habitable. In either case, the tenant cannot simply continue to live in the unit and not pay any rent.