Fighting with landlord over entering unit

[jhast]

In the middle of last month my landlord entered my apartment without permission or notice. They painted my kitchen counter tops, and while doing such a poor job they got paint all over my dishes and kitchen table. They also used my electricity, paper towels and trash cans, as if they cannot afford it themselves. When i got home the kitchen lights and ceiling fan were turned on as well as a fan i keep in the living room, it was in the kitchen. My apartment had a very strong odor of paint, so i had to leave and stay somewhere else, because that was not habitable for myself and my 2 small children. The following business day i asked him why they went in there, he stated it was a mistake, and that he did not need to answer any of my questions, and proceeded to end the phone call by hanging up on me.
Since then he has been sending me emails, and stated that he chose to communicate with me only via email, due to me being agressive on the phone. Since then he claims i have an unauthorized guest and said if the person is not out he will give me a 10day notice to evict me. He never did that, i'm guessing he didn't have the proof. I served him with a 5 day notice to fix cracks that roaches were coming in through, and the a/c. On the 5th day he came and did an "inspection" he covered some of the cracks with caulk and didn't do anything about the a/c just asked me what temperature i keep it at. He also gave me a 5 day notice to pay rent. I have chosen to pay rent since the apartment is not habitable. And today i received a court paper for eviction. Can i fight this?

 

[Gail in Georgia]

You didn't mention what state you live in...and it is important to know this to even determine if you can legally withhold rent.

Gail

 

[jhast]

i live in arizona. i read on the county superior website that i can withhold rent

 

[Hot Topic]

Was an attorney involved? Do you have copies of the letters you sent him via registered mail, return receipt requested that prove you notified him of the presence of the roaches?

 

[jhast]

no attorney, well obviously he has his attorney now since i received the eviction notice to go to court.
I have copies of everything i've sent him, i first dropped the notice in his office, the next day i asked him if he received it and he played dumb he kept say " i dont know" which only shows that he did, because if he didn't he wouldv'e said no. So i faxed to him and his wife who works at their "corporate" or "real estate office", and also certified mail, which i have a receipt to.

 

[Gail in Georgia]

These are the options that a tenant has should a landlord fail to comply within a reasonable period of time for repair requests:



Tenant Options if Landlord Fails to Comply

Self-Help for Minor Defects A.R.S. § 33-1363

If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.

Failure to Supply Essential Services A.R.S. § 33-1364

If a landlord fails to provide running water, gas and/or electrical service, or fails to provide reasonable amounts of hot water, heat and/or cooling, then the tenant may give notice to the landlord that he is in breach of the lease. At that point, the tenant has one of the following three options:

Option One: The tenant can arrange for utilities on his own and deduct the cost from the rent. With the utility company’s approval, a tenant group or group of tenants can pay a landlord’s delinquent utility bill and deduct that amount from their rent.

Option Two: The tenant can file suit and recover damages based on the decreased fair rental value of the residence.

Option Three: The tenant can find substitute housing (e.g. a motel) during the period of the landlord’s noncompliance. If this occurs, the tenant is excused from paying rent for as long as the landlord does not provide the essential service.

Other Noncompliance by the Landlord A.R.S. § 33-1361

If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest.


Did you take Option 3, including finding substitute housing (e.g., a motel) during the period of the Landlord's noncompliance? If not, this sends a message to the court that the failure to supply essential services was not severe enough to cause a tenant the need to vacate the rental property.

Gail

 

[Banned_Princess]

Based on Gail's post, I would start looking into a new place, before the eviction gets onto your credit.

 

[jhast]

i did not go to a hotel or anything, after the 5 day notice i have him which on the 5th day he came and did his inspection which was on 9/9/11, he then served me a 5day notice to pay rent on that day. So after realizing that he would not fix the problems i decided to move out i completely moved out on tuesday 09/13/11 and now i'm living with family. I wrote him a letter on 09/14/11 wishing to terminate my lease because of so and so problems and breached lease by him. I did not receive a response. Yesterday on 09/15/11 i dropped off my keys to their main real estate office (its husband and wife who own this property). And today i received the court notice

 

[Who's Liable?]

i did not go to a hotel or anything, after the 5 day notice i have him which on the 5th day he came and did his inspection which was on 9/9/11, he then served me a 5day notice to pay rent on that day. So after realizing that he would not fix the problems i decided to move out i completely moved out on tuesday 09/13/11 and now i'm living with family. I wrote him a letter on 09/14/11 wishing to terminate my lease because of so and so problems and breached lease by him. I did not receive a response. Yesterday on 09/15/11 i dropped off my keys to their main real estate office (its husband and wife who own this property). And today i received the court notice

Unfortunately you will most likely lose and face an eviction and be liable with all associated costs.

AZ is a VERY landlord friendly state, and tenants MUST FOLLOW the proper procedures for a repair and deduct, lease termination, or demand for repairs.

 

[Who's Liable?]

Based on Gail's post, I would start looking into a new place, before the eviction gets onto your credit.

Evictions do not go on your credit, the and collection attempts resulting from an eviction can go on your credit.

 

[jhast]

Unfortunately you will most likely lose and face an eviction and be liable with all associated costs.

AZ is a VERY landlord friendly state, and tenants MUST FOLLOW the proper procedures for a repair and deduct, lease termination, or demand for repairs.

But even though I asked several times for things to get fixed even have him a 5 day notice and he failed to comply

 

[Gail in Georgia]

Here is your problem....

1. From reviewing your first posting you state that the landlord came in on the fifth day and did the caulking and "gave me a five day notice to pay rent". So...it appears you were already either late or withholding the rent before giving the landlord a chance to address the repair issue.

2. You claim the reason that you withheld rent is because the rental unit is "uninhabitable", yet you remained in the rental unit for another four days and only presented the landlord with the letter wishing to terminate the lease AFTER you moved out. Because you did not remedy the issue listed in the notice to pay rent by the end of the five day deadline, the landlord went ahead and filed for an eviction against you.

Do you even want to fight the lawsuit for eviction? After all, you indicate you've already moved out of the rental unit.

Gail

 

[Searchertwin]

Tenant will lose on her not following the law.

Besides, if you read what she wrote, the only thing she claim was "uninhabitable" was the paint smell.

.

My apartment had a very strong odor of paint, so i had to leave and stay somewhere else, because that was not habitable for myself and my 2 small children.

That in itself is not a cause to claim the whole place was not habitable. Maybe a couple of hours, yes, but long term, no.
All she had to do is open windows.
She is mad about the paint all over the place, which I don't blame her, but to scream "uninhabitable", is uncalled for.

 

[Who's Liable?]

But even though I asked several times for things to get fixed even have him a 5 day notice and he failed to comply

Yes, only because you have provided us with only limited information.

We need to see the whole picture and how it played out, when notices in WRITING were sent, LL response or lack thereof, etc.

Until than, based on the information you have provided, you will lose.

 

[Banned_Princess]

Evictions do not go on your credit, the and collection attempts resulting from an eviction can go on your credit.

ah yes, I did forget to mention the public record.


thats where the eviction will go.