They want me to pay over $2000!!

[mrslopez]

What is the name of your state (only U.S. law)? Arizona
I moved into an apartment complex and i had problems since day one. the complex has shared garages and i shared it with my neighbor, i had things stole out of the garage because he left it open. he continued to leave it open and i would complain and management would do nothing about it. i had a broken window since i moved in. they told me they would fix it promptly. they didint. i served them with a 5 day health and safety form. it states that they need to fix it within 5 days or it will result in me terminating my lease. they didnt fix it within 5 days so thats what i did as stated in the landlord and tenant act. i terminated my lease and moved. a few days ago i received a letter in the mail from the apartments stating that they want me to pay over $2000.00 for leaving? what do i do? I was forced to leave. My window was broken, not cracked broken. i did not feel safe living there. I filed a small claim against them beccause i did not peacefully enjoy my apartment home for the month i lived there. what should i do??

 

[BL]

What is the name of your state (only U.S. law)? Arizona
I moved into an apartment complex and i had problems since day one. the complex has shared garages and i shared it with my neighbor, i had things stole out of the garage because he left it open. he continued to leave it open and i would complain and management would do nothing about it. i had a broken window since i moved in. they told me they would fix it promptly. they didint. i served them with a 5 day health and safety form. it states that they need to fix it within 5 days or it will result in me terminating my lease. they didnt fix it within 5 days so thats what i did as stated in the landlord and tenant act. i terminated my lease and moved. a few days ago i received a letter in the mail from the apartments stating that they want me to pay over $2000.00 for leaving? what do i do? I was forced to leave. My window was broken, not cracked broken. i did not feel safe living there. I filed a small claim against them beccause i did not peacefully enjoy my apartment home for the month i lived there. what should i do??

Send a reply in writing ( confirmed it was sent ) citing the Act , and state you owe them nothing because of it .

BTW can you provide that specific Act here ?

 

[Cvillecpm]

Where does the code say that a broken window allows you to break your lease without penalty?

Broken windows are usually the resident's responsibility since "monsters did it" rarely flies as a reason!

 

[Samantha Lynn]

This may be helpful to you...

Although I live in California, I think the same basic ideas, paperwork and protocal apply. I have helped a lot of friends through so called "evictions" and filled out much paperwork. I really think I have the capacity to help you head in the right direction and find a resolution without costing you $2,000.00. I need more information though, the letter you recieved from your old complex, was it a legal document or just a letter from the managers informing you thats how much they intend on coming after you for? In Cali, you get served something called an Unlawful Detainer which is basically a stack of paper that marks the beginning of an eviction, however, since you vacated the unit and gave ample notice (I hope that you kept a copy of whatever you sent to them, documents, letters, the tenant/landlord documentation informing the complex of the issue to begin with... etc.) and terminated the lease because of an inhabitable environment, if you manage the paperwork right, and meet the deadlines you will be able to avoid paying $2000. If you were served with an Unlawful Detainer, for example, you would have a five day grace period from the date it was served to go to the courthouse mentioned in the paperwork and get the forms to answer an Unlawful Detainer if you miss the 5 day window, you forfeit the opportunity to tell your side and it puts you at a huge disadvantage... if you could tell me what kind of paper work they served you I could help more.

 

[Alaska landlord]

Since window was not broken when you moved in, my guess is that you or someone in your household broke it. I would suspect buyers remorse if i were your LL. 5 days not enough time for LL to address the issue.

 

[BL]

Although I live in California, I think the same basic ideas, paperwork and protocal apply. I have helped a lot of friends through so called "evictions" and filled out much paperwork. I really think I have the capacity to help you head in the right direction and find a resolution without costing you $2,000.00. I need more information though, the letter you recieved from your old complex, was it a legal document or just a letter from the managers informing you thats how much they intend on coming after you for? In Cali, you get served something called an Unlawful Detainer which is basically a stack of paper that marks the beginning of an eviction, however, since you vacated the unit and gave ample notice (I hope that you kept a copy of whatever you sent to them, documents, letters, the tenant/landlord documentation informing the complex of the issue to begin with... etc.) and terminated the lease because of an inhabitable environment, if you manage the paperwork right, and meet the deadlines you will be able to avoid paying $2000. If you were served with an Unlawful Detainer, for example, you would have a five day grace period from the date it was served to go to the courthouse mentioned in the paperwork and get the forms to answer an Unlawful Detainer if you miss the 5 day window, you forfeit the opportunity to tell your side and it puts you at a huge disadvantage... if you could tell me what kind of paper work they served you I could help more.

If you apply CA. to AZ. law , you won't be giving the correct State's Laws .

 

[Cvillecpm]

Samantha - re-read the post. OP is GONE; therefore, there is no EVICTION. OP has filed in Small Claims and the apt comples has counter filed for $2,000 or will file if and when they get served OP's complaint!!!

 

[Who's Liable?]

Since window was not broken when you moved in, my guess is that you or someone in your household broke it. I would suspect buyers remorse if i were your LL. 5 days not enough time for LL to address the issue.

It does not matter if 5 days is enough or not... IF the LL FAILS to perform the work required within the 5 days as stated, tenant can LEGALLY break the lease... AZ requires the LL to get off their butt and fix things, not blame tenants...
This is of course assuming OP did things correctly...

What is the name of your state (only U.S. law)? Arizona
I moved into an apartment complex and i had problems since day one. the complex has shared garages and i shared it with my neighbor, i had things stole out of the garage because he left it open. he continued to leave it open and i would complain and management would do nothing about it. i had a broken window since i moved in. they told me they would fix it promptly. they didint. i served them with a 5 day health and safety form. it states that they need to fix it within 5 days or it will result in me terminating my lease. they didnt fix it within 5 days so thats what i did as stated in the landlord and tenant act. i terminated my lease and moved. a few days ago i received a letter in the mail from the apartments stating that they want me to pay over $2000.00 for leaving? what do i do? I was forced to leave. My window was broken, not cracked broken. i did not feel safe living there. I filed a small claim against them beccause i did not peacefully enjoy my apartment home for the month i lived there. what should i do??

Respond to the letter, sent CRR, stating you gave the management co. X amount of days as required per AZ state LL/T laws via previous written letter. Provide a copy the letter as proof, and inform them you owe nothing. Also inform them any future attempt to contact you will be construed as harassment and you will respond accordingly...

 

[BL]

i had a broken window since i moved in. they told me they would fix it promptly. they didint.

Originally Posted by Alaska landlord
Since window was not broken when you moved in, my guess is that you or someone in your household broke it

Keep guessing ...and have another ..

 

[Alaska landlord]

Keep guessing ...and have another ..

No guessing needed. The day she moved in the windows as if by magic appeared broken

I have had tenants break my windows on moving day and make the same claim. It's an old tenant trick.

I'll have what you're having.

 

[MIRAKALES]

The primary tenant issue seemed to be the shared garage and stolen items from garage. The broken window seems to be a secondary matter as tenant move-in took place despite the “unsafe living condition.” Management probably did not protest the move-out and viewed tenant as a chronic complainer. After less than a month living at the premises, tenant made several complaints. Whether valid or invalid tenant complaints involving existing tenants’ behavior (open garage), stolen merchandise, and broken windows are not issues management can easily resolve. It is not possible to force tenants to close doors or prevent tenant damages.

In this case, it was probably best for all parties involved to terminate the lease agreement. The lease agreement probably addresses the issue of early lease termination. The amount of $2000 mentioned in letter from management will need to be detailed in the security deposit settlement statement. The settlement statement should be delivered within fourteen (14) days after termination, in accordance with Arizona law. Tenant will need to prove that the window was actually broken and that management did not repair within the specified time.

It would have been less expensive for tenant to have the broken window fixed at their own expense than to locate a new apartment and initiate a secondary move within a month.

In this economy, most managers would be suspicious of tenant complaints that threaten or lead to early lease termination. With that said, tenant most likely moved due to the shared garage and stolen items. The broken window may just be a loophole to circumvent the lease agreement. The window could have been covered and secured through other means to prevent entry or exposure to elements, until repair was performed by management. In addition, issues of habitability (broken windows) tend to be addressed prior to occupancy. It does not seem likely that premises would be delivered with a broken window or that management would not be responsive to an issue of habitability.

 

[mrslopez]

Maybe u can help me

Although I live in California, I think the same basic ideas, paperwork and protocal apply. I have helped a lot of friends through so called "evictions" and filled out much paperwork. I really think I have the capacity to help you head in the right direction and find a resolution without costing you $2,000.00. I need more information though, the letter you recieved from your old complex, was it a legal document or just a letter from the managers informing you thats how much they intend on coming after you for? In Cali, you get served something called an Unlawful Detainer which is basically a stack of paper that marks the beginning of an eviction, however, since you vacated the unit and gave ample notice (I hope that you kept a copy of whatever you sent to them, documents, letters, the tenant/landlord documentation informing the complex of the issue to begin with... etc.) and terminated the lease because of an inhabitable environment, if you manage the paperwork right, and meet the deadlines you will be able to avoid paying $2000. If you were served with an Unlawful Detainer, for example, you would have a five day grace period from the date it was served to go to the courthouse mentioned in the paperwork and get the forms to answer an Unlawful Detainer if you miss the 5 day window, you forfeit the opportunity to tell your side and it puts you at a huge disadvantage... if you could tell me what kind of paper work they served you I could help more.

The paper they sent me was just a letter saying thats what i need to pay. it was not from the court or anything.