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Need help with my ex-Landlord

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janea

Junior Member
Hi Everybody,
I'm located in Phoenix,Arizona, and currently I have a dispute with my ex-Landlord.
I'll start with the whole story so you can have a better understanding about the situation I'm going through.
It all began when I moved in my new apartment(of course after I signed the lease),and to my surprise on the very first night I found out that I cannot sleep in that apartment because of the noise caused by the AC unit(the one on the roof,not the one inside the apartment).The fan was so noisy that I had to move the bed from the bedroom to the living room in order to sleep.
On the next morning I went to the office and talked to the employee that showed me the apartment and who prepared the lease. Unfortunately for me it was during the weekend and the manager wasn't there,that being said I had to wait till Monday when the manager returns to the office. One important detail in this part is that the employee I worked with,admitted that(she talked to maintenance personnel ) indeed there are people that sometimes complain about the noise/vibrations on the roof.I also submitted a notice that very first day saying that I cannot sleep in the apartment and I request an apartment switch.
Anyway,the next week nobody contacted me(even though I requested clearly on the notice that I want to be called). I called the office a few times, starting Monday through Thursday when I gave up calling;Friday morning I went to the office and talked to the manager. She had different kinds of excuses for the fact that she didn't call me and did not try to solve the issue. On that day she asked an amount $XXX for the apartment switch,with the explanation that the carpet needs to be cleaned.
I refused to pay that amount,but still I showed good faith and went to see one apartment(a replacement for mine ) that was a total disaster.The carped was so dirty that I could see spots of food and beer on it;also the AC was not working!
I said no to her,and went downtown to city hall to talk to an counselor in regards to my problem. That person told me about the "Landlord and Tenant Law" and that they had 10 days to solve the problem.
After 10 days I went to talk to the manager and found out that she did not wanna brake the lease.I told her about the law but still,she was rude as always.
All I have left to do was to go to court.That was exactly what I did.Went to small court and filled a case for the issue I'm having.
I also moved out of the apartment at the end of the month,because the apartment was unlivable and I just couldn't peacefully enjoy the space I was renting.

My question is:what do I have to do/say when the court date comes and I'll be talking to the judge?What are your opinions?
Thank you so much for you time.
CJWhat is the name of your state (only U.S. law)?
 


Cvillecpm

Senior Member
BEFORE you move out, have the building inspector come and note the noise and file a complaint...a tape of the noise to play for the judge would be good also
 

janea

Junior Member
BEFORE you move out, have the building inspector come and note the noise and file a complaint...a tape of the noise to play for the judge would be good also
I already moved out.Though I have recorded the noise on a tape.But,you can't really tell how loud it is.
Can I still call for a building inspector from city hall to go and inspect the apartment?
 

Who's Liable?

Senior Member
You went about this the wrong way.

Unfortunately since you did not follow PROPER procedure you will most likely lose your case as the Phoenix metro area is VERY landlord friendly.

The 10-day notice can only be initiated AFTER your gave PROPER notice to the LL to fix the A/C unit. Proper notice would have been a WRITTEN letter sent CRR to management.

§ 33-1324. Landlord to maintain fit premises
§ 33-1361. Noncompliance by the landlord - 5 day notice
§ 33-1363. Self-help for minor defects - 10 days
§ 33-1364. Wrongful failure to supply heat,
air conditioning, cooling, water, hot water or
essential services
 

janea

Junior Member
Well,I did give them 10 notice.not only one,at least a couple of them.I also sent them a letter to let them know when I'm vacating.I have them all here.
 

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