Legal Question in Landlord & Tenant Law in Arizona

Landlord-Tenant Issue

I paid my full rent due of 662 on time. The landlord never contacted me. I have had maitnc. issues with my door (fire hazard) and cockroach infestion since my move in date. I have left atleast 1 msg. every day since 3/6 to have problems fixed and have gotten no response to any of them. I finally spoke with the apt. manage today who stated that I owe her an additonal 150 for a window that was broken because of the door issue and has not yet been fixed AND over 200 in late fees because she's been charging them to me even though I had thught I had payed my rent IN FULL and she neglected to inform me othewise!


Asked on 3/09/07, 6:10 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: Landlord-Tenant Issue

FIRST, get out a copy of your lease and any other documents you signed. Get another copy from the manager/landlord if you don�t have yours. Review the terms regarding the amount of rent and when/where it is to be paid. SECOND, gather receipts and cancelled checks for all the rent you did pay. Compare the dates with the date due in the lease. THIRD, if you think you are being overcharged, write a letter to the landlord detailing when you paid the rent and why you think you are being overcharged. Lay out the details, attach receipts, don�t just say �I�m being over charged.� Send it to the landlord return receipt requested, so they have to sign off on the green card that they received the document. FOURTH, if there continue to be these kinds of problems, maybe you want to look into moving out, maybe the landlord would let you leave early.

You mentioned some habitability problems, broken door and cockroaches. Arizona Revised Statute section 33-1363 explains tenant�s rights to �self-help for minor defects� and whether you can repair and deduct from the rent. Review the statute, online or at the library. Written notice to the landlord is an essential element under this statute, so put everything in writing.

You can check out the Coconino Law Library site which has an explanation packet and sample forms. Go to http://www.coconino.az.gov/lawlibrary.aspx?id=2140 and choose �Demand for Landlord to Fix Premises and Lawsuit for Damages.�

You might want to consult with an attorney. I work in southern Arizona, not Maricopa County, but would be available to review the matter with you. There would be a fee for my services. Good Luck.

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Answered on 3/11/07, 12:03 am


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