Landlord Retaliation

[wakim]

What is the name of your state? Arizona

We have had several problems with our landlords, but we continued to live here because the price was so low. The problems started fairly small, slow/bad repair work on a leaky AC unit, roach problems, but nothing serious until later on when the person we understood to be the landlord disappeared, but her brothers and father who worked at the complex were still around. Later the woman who lives two doors down started working at the apartment manager and things went even more downhill. Our front window was broken, and after months of requesting it to be repaired they finally repaired it, but claimed that it was our dog that had broken it, even though it had clearly been broken from the outside and they attempted to charge us $80. We basically ignored them and continued paying normal rent. After about a month we get a nasty notice claiming our rent is past due (it is due on the 3rd, but the office was closed on the 3rd and they have no rent drop box) and that we owe them extra money because we decided not to renew the lease because of the issues and had decided to rent month to month, a situation they seemingly had no problem with when we had discussed it with them previously. The night after we disputed these charges our car was broken into and the car stereo stolen along with the tail light covers. Our neighbor had similar problems, after he had a dispute with this same apartment manager his car was stolen. Things seem a bit fishy to me. Of course the police can't do anything because there are no witnesses. I know I probably have no right to, but I have since stopped payment on our most recent rent check. My main question is what can I do? Now I have to pay my insurance deductible, I have to pay move in fees on a new place, money I don't have, and I don't feel safe staying here. What stops them from coming in here and taking my computer, or my TV or hurting my dog?

 

[moburkes]

You need to pay your rent.

 

[CA LL]

You need to pay your rent.

Or face an eviction and have a civil public record against you and a money judgement which can be placed on your credit report and depending on state laws..your wages can be garnished, bank accounts levied, liens placed on any assets you own or will own, etc.

 

[wakim]

I have been

I have been, I have never been late, except for the one time when rent was due on a legal holiday, the office was closed and there is no rent drop box. We paid the following day and this is when were charged the late fee and suddenly asked to pay extra for going month to month. The only thing I have done is stop payment on my rent check for this month, after the auto-burglary incident which followed the apartment manager's attempt to get more money out us. Trust me I would continue paying rent had my car not been broken into the day after our dispute with her, which ended with us giving her a check for the months rent, which was never in dispute. So I suppose since the best anybody can say is pay the rent I should just resort to the means undertaken by my landlord when they didn't get their way, but still got their rent? I suppose it is true they could pursue me for the money they will claim I owe, problem is drug addicts (like my apartment manager) typically don't like to involve the law in anything.

 

[Who's Liable?]

I have been,

No you have not, you just stated you stopped payment on a check. That is NOT paying rent.

I have never been late, except for the one time when rent was due on a legal holiday, the office was closed and there is no rent drop box.

You are correct. In the state of AZ, if rent is due that falls on a state or federally recognized holiday, rent is due the next following business day, and the tenant CANNOT be charged a late fee.

We paid the following day and this is when were charged the late fee and suddenly asked to pay extra for going month to month.

A LL CANNOT raise rent without PROPERLY notifying the tenant. Verbal notification is not a proper notification.

The only thing I have done is stop payment on my rent check for this month,

You have NO LEGAL RIGHT to not pay rent.

after the auto-burglary incident which followed the apartment manager's attempt to get more money out us.

Crime is NOT a VALID LEGAL REASON to withhold rent.

Trust me I would continue paying rent had my car not been broken into the day after our dispute with her, which ended with us giving her a check for the months rent, which was never in dispute.

AGAIN, you have NOT LEGAL RIGHT to withhold rent from the LL. You can ONLY withhold rent for VALID reasons that are outlined in the AZ LL/T laws. You can view these rights on the Attorney General's web site.

So I suppose since the best anybody can say is pay the rent I should just resort to the means undertaken by my landlord when they didn't get their way, but still got their rent?

You may not like it, but YOU agreed to the terms of the lease by continuing to live in the unit and NOT move. IT is NOT the LL's fault YOU don't have the means to move.

I suppose it is true they could pursue me for the money they will claim I owe, problem is drug addicts (like my apartment manager) typically don't like to involve the law in anything.

Unfortunately for you, since money is involved, they will pursue you to the extent of evicting you promptly once the rent check bounces. Since AZ is a LL friendly state, the judge is NOT going to look favorably on a dead beat tenant, REGARDLESS of the situation.