Landlord wont give me a copy of our lease!

[Daphne Mummert]

What is the name of your state (only U.S. law)? Arizona

 

[ramellum@gmail.]

Here's what happened, we met our landlord October 24th 2015. She wanted to know if we wanted it for 6, 12, or 24 months. We told her 24 months because I didn't want to have a rent increase within that time. She had us sign the lease but she didn't have a copy of it with her. She said she was going to make copies and give them to us, that never happened. 6 months later she still won't give them to us different excuse each time. It's been so bad that we lost my health care because I didnt have proof of rent. And when I told her that, her response "your a liar just give them a electric bill." Well my name is not on the electric bill and even if it was it doesn't tell how much money we paid for rent. When I told her that, her response was I.d.g.a.f. So now I think she's trying to get rid of us she told us that she's got a smaller apartment less money it'd be better suited for us on the third floor.we just want a copy of lease and she threatens us constantly if we're late, that she's giving us our 5 day notice so finally I told her I'm not giving her any money until I get the lease is in hand. Also tells me that we are now on a month-to-month lease because our 6 month lease that we signed is up. Told us she has the lease right in front of her and was only 6 months. She told us she sent one to us by email but we never received it told her to resend but she could not find it in her outbox. are washing machine hasn't worked since the second month we've been here she has told us many times she sending someone out and they never show. we had to replace the toilet seat because it was made of wood and it kept giving splinters she won't reimburse us for that never filled out a walk through list upon move in so I made one of my own and I have a copy of it. we also took pictures of all the work we had to do before we could move in. we can't get a key to the swimming pool that was listed as part of the brochure 2 swimming pools no key if I text her more than twice a day on an issue it's harassment takes an act of God to get a receipt for payment and that's only by a text never written receipt.

Suggestions?

 

[FarmerJ]

receipts are easy use personal check to pay rent and send it via confirmed mail delivery or certified mail. BTW your rent receipt /canceled check is enough to show what your rent amount was BUT since she says you only had a six month lease then Id say find another place to live and give her written on paper notice that you will move and send it via certified mail . ( it sounds like you may well be better off else where since she wont fix things AS to lease copies next time around before you sign a lease learn what gas stations and drug stores and other stores are near that rental who have copier machines and insist on going to one to sign it there and then make copy for your self right away. If the LL says no then tell them NO you wont sign unless you get a copy on the spot and doing it right at a copy machine would work for you OR bring a copier scanner printer from home and plug it in and make one right there!

 

[ramellum@gmail.]

Halling around a printer and scanner, to apartments with no power. You don't seem to understand. I know what I'm not going to do next time. Trying to focus on this time.

 

[Zigner]

Halling around a printer and scanner, to apartments with no power. You don't seem to understand. I know what I'm not going to do next time. Trying to focus on this time.

Yeesh - pull out your phone and take a picture of the document then

Since you're on a month-to-month lease now, turn in your notice. If your lease is NOT month-to-month, I'm SURE the LL will come up with a copy. In any case, you have no right to withhold rent because the LL won't do your job for you.

 

[FarmerJ]

Even large apartment complexes have outlets in hallways that are not switched and used for vacuum cleaners , even old fourplexes have laundry rooms and at least one outlet in them, that also is on 24/7 there are inverters that are cheap for cig lighter that convert to make 110v which is enough to run a printer and document readers that only scan and make a electronic copy to save on a laptop aren't very expensive BUT by far the two easy ways are to meet up in a business that has a copier or as zigner suggest taking pics with phone BUT any which way there is no logical reason to not get a copy at sign on considering the possible ways to get it done. AND since this LL is already such a saint then give notice to move and see how fast a copy appears from thin air OR since the LL would rather see you leave since they even offered a different unit by all means consider it a gift if the LL accepts your notice, who knows maybe they have someone who is interested in renting one of the LLs grand palaces for more than what you can afford? did you call your city to learn if it requires LLs to provide copies of leases to tenants ? the city I used to have rentals in did if the LL was absentee

 

[ramellum@gmail.]

I thought this forum was soppose to be helpful

Let me say this again. I signed a (2) year lease. Let's not dwell on the past. I don't have her address, only email and text. I have no right to withhold money correct. When was the last time you were in a laundry mat?. The ceiling above shower ready to drop because fan doesn't work. Your all right! We could leave I guess. Maybe stay at the Biltmore? Maybe use there pool because I can't use mine.

 

[ramellum@gmail.]

Thank you!I will check with city. I just want my health care back

 

[Silverplum]

Let me say this again. I signed a (2) year lease. Let's not dwell on the past. I don't have her address, only email and text. I have no right to withhold money correct. When was the last time you were in a laundry mat?. The ceiling above shower ready to drop because fan doesn't work. Your all right! We could leave I guess. Maybe stay at the Biltmore? Maybe use there pool because I can't use mine.

I suppose.

 

[reenzz]

Let me say this again. I signed a (2) year lease. Let's not dwell on the past. I don't have her address, only email and text. I have no right to withhold money correct. When was the last time you were in a laundry mat?. The ceiling above shower ready to drop because fan doesn't work. Your all right! We could leave I guess. Maybe stay at the Biltmore? Maybe use there pool because I can't use mine.

FYI.....


Arizona does not permit "rent-striking". This means that before a tenant can legally withhold any rent they must follow a very strict set of procedures.

Section 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant "may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding"...an amount less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater.

Additionally Section 33-1363(B) states in part; "A tenant may not repair at the landlord's expense if...the condition repaired does not constitute a breach of the fit and habitable condition of the premises."

So to put this into plain English, before a tenant can legally withhold rent they must:

Write the landlord and notify him of their intention to correct the condition at the landlord's expense;
The tenant must give the landlord ten days to fix the problems outlined in the written notice;
Give the landlord ten days to fix the problem before seeking any self-help solutions;
Have the repairs completed by a licensed contractor;
Submit the landlord with an itemized statement;
Provide the landlord a waiver of lien;
Deduct from their rent the actual and reasonable cost of the work;
Not to exceed three hundred dollars, or half of the month rent, whichever is greater; and

The repairs must constitute a breach of the fit and habitable condition of the premises.

Unless, and until a tenant has completed each of the steps noted above they cannot withhold rent from their landlord.

 

[FarmerJ]

Your LLs mailing address is the one that the county government center mails its property tax bills to SO call your county government center , ask for the property tax information desk, tell them you need the address they have on file for your landlord and give them your address, this is public information, they cant refuse to give it to you, that address is a valid way to reach your landlord and if your LL doesn't like it BOO HOO for her/him. If your city requires rental licenses then they too would have the landlords mailing address on file and it too is public information, problems with LL refusing to make repairs that are mechanical or structural , that's your cities housing inspections job , you always have had the option to call them and they have the legal ability to order the LL to make repairs or condemn when a LL refuses to comply.

 

[ramellum@gmail.]

All good stuff! Thank you! And thank you for letting me vent on you! It's been frustrating to say the least. Never had a ll tell me that I'm just the tenant, she's the Ll and need to respect her as such. Lol

 

[Stephen1]

From the Arizona Residential Landlord and Tenant Act, Revised July 3, 2015

Article 2 – Landlord Obligations
33-1321. Security deposits
C. With respect to tenants who first occupy the premises or enter into a new written rental agreement after January 1, 1996, upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection.

Your landlord is required to provide a copy. Let him know that (and that you know he has to).

My response to ramellum@GMail. regarding carrying around a printer: I don't carry around a printer but instead I bring two copies of the lease. We go over it. They initial each page and sign at least one of them, I sign the other one and leave it with them. When I leave they have a copy that has been signed by me and I have a copy that has been signed by them.

 

[ramellum@gmail.]

We didn't get a checklist from her either. I did make one of my own and took around 50 pics of the apartment. I have read that same thing to her about the copy of lease and she starts going off about she knows what she needs to do and her lawyer blaw, blaw.
We had to replace the toilet seat (which was made of wood painted white) because it snapped in half. Won't let us deduct from rent. $30. Lol my lord!!

 

[FarmerJ]

LOL if your going to communicate with her more about not getting a copy of the lease, copy that law and paste into a letter that stephen1 posted (Article 2 – Landlord Obligations
33-1321. Security deposits ) then print , make a extra copy send it to the LL via certified mail to the address that the LL uses for property tax bills and in there and your extra copy can be stapled to your postal receipt ( confirmed mail delivery or certified mail ) and start a file to be your paper trail to show when you communicated to the LL about something and what the communication was so this way later on when your LL embarrasses self in court claiming to have done XYZ or claiming to have followed the law or even more laughable claiming they didn't know of a law after you have already got a paper trail that shows you sent them the information and they still would not follow it. ( in other words treat this LL on paper as if you had to be able to prove every thing)