iflyjetzzz
Junior Member
What is the name of your state (only U.S. law)? Arizona
Background: My wife and I are near the end of a 3 yr lease (ends 31 Oct 13). We have the landlord from he11. Total slumlord mentality; never wants to fix anything. He is so bad that the property management company terminated his contract last July.
Last September, the water softener (located in garage) head leaked, causing major damage to the garage drywall and spare bedroom carpet. Landlord had insurance repair the damage. Landlord stated at the time that his daughter was getting married in Hawaii and that he would replace the water softener when he was able to afford it.
Lease (boiler plate AZ lease) specifically states that Landlord agrees to rent - lists standard property (dishwasher, stove, etc) - under Other Personal Property, water softener is written in.
On 15 May (8 months after it broke), I finally demanded that my landlord replace the water softener, as hard water stains were building up on all of the toilets, sinks, etc.
On 21 May, my landlord sent me a certified letter which stated (among other things): "I never agreed that in the future I would replace it (water softener). I agreed to revisit it. This was not a guarantee. The hard water buildup over eight months does not require the scrubbing you reference. This etches the surface which in turn causes damage and causes the minerals to bond even tighter."
On 24 May, I emailed the following: "We have received your certified letter. I will not rebut any of your statements; I will simply agree to disagree on all of those matters.
My wife and I are very uncomfortable remaining in this house and are currently seeking other housing. We will give you notice of when we will vacate the property."
Note: the landlord had an entire litany of items where we 'broke' the lease in his certified letter.
On 27 June, I sent a certified letter to the landlord stating that we would return the house to him on 21 July due to his failure to replace the water softener, among other items that have not been repaired. In my certified letter, I cited Az Revised Statute 33-1324 para 2 (landlord must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition) as the reason for terminating the lease.
On 3 July, my landlord had an attorney mail a certified letter written by the lawyer stating that "My client strongly disputes the accusations in your letter and does not agree that he is in default under your Lease. Consequently, we expect you to fulfill the terms of the Lease and pursue all remedies if you fail to do so.
Specifically, first you point to paragraph 2, Arizona Revised Statutes 33-1324. The repairs you mention do not violate Arizona Revised Statutes 33-1324, including the water softener."
Finally, here's my question. Did I cite the wrong ARS? Should I have cited 33-1361?:
33-1361. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.
Surely the landlord must have to repair/replace the water softener, since that was an item specified in the lease, right? Am I able to terminate the lease due to the landlord's failure to repair the water softener?
Any recommendations on how I should handle this? I've got plenty more ammunition (rather not post it on a public forum) to terminate the lease and look forward to going to court if the landlord decides to take it that far.
Thanks in advance.
Background: My wife and I are near the end of a 3 yr lease (ends 31 Oct 13). We have the landlord from he11. Total slumlord mentality; never wants to fix anything. He is so bad that the property management company terminated his contract last July.
Last September, the water softener (located in garage) head leaked, causing major damage to the garage drywall and spare bedroom carpet. Landlord had insurance repair the damage. Landlord stated at the time that his daughter was getting married in Hawaii and that he would replace the water softener when he was able to afford it.
Lease (boiler plate AZ lease) specifically states that Landlord agrees to rent - lists standard property (dishwasher, stove, etc) - under Other Personal Property, water softener is written in.
On 15 May (8 months after it broke), I finally demanded that my landlord replace the water softener, as hard water stains were building up on all of the toilets, sinks, etc.
On 21 May, my landlord sent me a certified letter which stated (among other things): "I never agreed that in the future I would replace it (water softener). I agreed to revisit it. This was not a guarantee. The hard water buildup over eight months does not require the scrubbing you reference. This etches the surface which in turn causes damage and causes the minerals to bond even tighter."
On 24 May, I emailed the following: "We have received your certified letter. I will not rebut any of your statements; I will simply agree to disagree on all of those matters.
My wife and I are very uncomfortable remaining in this house and are currently seeking other housing. We will give you notice of when we will vacate the property."
Note: the landlord had an entire litany of items where we 'broke' the lease in his certified letter.
On 27 June, I sent a certified letter to the landlord stating that we would return the house to him on 21 July due to his failure to replace the water softener, among other items that have not been repaired. In my certified letter, I cited Az Revised Statute 33-1324 para 2 (landlord must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition) as the reason for terminating the lease.
On 3 July, my landlord had an attorney mail a certified letter written by the lawyer stating that "My client strongly disputes the accusations in your letter and does not agree that he is in default under your Lease. Consequently, we expect you to fulfill the terms of the Lease and pursue all remedies if you fail to do so.
Specifically, first you point to paragraph 2, Arizona Revised Statutes 33-1324. The repairs you mention do not violate Arizona Revised Statutes 33-1324, including the water softener."
Finally, here's my question. Did I cite the wrong ARS? Should I have cited 33-1361?:
33-1361. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.
Surely the landlord must have to repair/replace the water softener, since that was an item specified in the lease, right? Am I able to terminate the lease due to the landlord's failure to repair the water softener?
Any recommendations on how I should handle this? I've got plenty more ammunition (rather not post it on a public forum) to terminate the lease and look forward to going to court if the landlord decides to take it that far.
Thanks in advance.