Arizona-Cable Wiring in Apt Messed Up. Can I bill them for cox repair after 10 days?

[gigi9585]

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

My cable wiring isn't allowing a signal to come into my apartment and cox would charge $50 to fix it. My apt maintenance always drags their feet so I'd like to give them 10 days notice (Under ARS 33-1324) and if they don't fix it use Cox and bill them the $50.

ARS 33-1324 States:

§ 33-1324. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building
codes materially affecting health and safety.
2. Make all repairs and do whatever is necessary to put
and keep the premises in a fit and habitable condition.
3. Keep all common areas of the premises in a clean
and safe condition.
4. Maintain in good and safe working order and
condition all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning and other facilities and
appliances, including elevators, supplied or required to
be supplied by him.
5. Provide and maintain appropriate receptacles and
conveniences for the removal of ashes, garbage,
rubbish and other waste incidental to the occupancy of
the dwelling unit and arrange for their removal.
6. Supply running water and reasonable amounts of
hot water at all times, reasonable heat and reasonable
air-conditioning or cooling where such units are
installed and offered, when required by seasonal
weather conditions, except where the building that
includes the dwelling unit is not required by law to be
equipped for that purpose or the dwelling unit is so
constructed that heat, air-conditioning, cooling or hot
water is generated by an installation within the
exclusive control of the tenant and supplied by a direct
public utility connection.

I would consider cable to be in the "other" category. I'd have to look at my lease but I think it said cable ready apartment. Even if it didn't, I still don't think I should have to pay for my apartment complexes faulty wiring (apparently the wire that SAYS my apartment doesn't GO to my apartment because there's a splitter somewhere). Can I exercise my self-help option for repair and request reimbursement for fixing my cable wires?

Here's the part about self-help option:
§ 33-1363. Self-help for minor defects
A. If the landlord fails to comply with section 33-1324,
and the reasonable cost of compliance is less than
three hundred dollars, or an amount equal to one-half
of the monthly rent, whichever amount is greater, the
tenant may recover damages for the breach under
section 33-1361, subsection B, or 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 the amount
specified in this subsection.

I'm just worried because it doesn't explicitly say "Cable". Has anyone had any experience with this? Thanks!What is the name of your state (only U.S. law)?

 

[FarmerJ]

do re check the lease to see what it says about cable , now heres fuel for your argument , mechanical systems in rentals may not be narrowly defined over and above electrical ,plumbing, but low voltage stuff like door bell , catv ,telephone wire, they are the responsibilty of the LL , telephone customers have had same problems with LLs from time to time, that wire used to be owned & maintained by phone co pre bell break up, post bell system breakup phone cos shed ownership if inside phone wiring , so it became building owners obligation, I dont see CATV wires as any different, main line from pole or underground goes to a security box that the CATV controls, but once those individual lines are installed to apartments its fair to argue with the LL they had to be installed with consent by LL and once they were installed they became LL property so LL is obligated to maintain them. Send to your LL a certified letter about the repair , if LL comes back to you refusing then call in city inspections and use the argument I laid out with the inspector , fair odds are if the inspector at least once had to write a work order to a LL to repair phone wires in the walls then inspector can use same logic and order LL repair to that line .

 

[gigi9585]

Thanks for the advice. I couldn't find my lease and have to get it from the office (which won't be fun since I was pretty short with the girl I talked to after she said I was going to have to pay for the repair). I'm still not sure if it says anything about cable ready, and I'm afraid they could use the defense that it's a luxury, though I'm fairly certain it should be considered normal wear and tear that they need to repair.

I was considering giving them 10 day written notice today, but think I might just try to be nice and ask politely and hope they don't try to weasel out of it. It's only $50 and at this point I almost want to just pay Cox out of pocket, but now it's the principle of the matter that bothers me.

 

[FarmerJ]

G you really need to have a copy of your lease for your own records anyway , so when you go see them offer to pay ?? 5.00 fee for a copy. Once you know what it says about cable it will make it easier to present written argument sent via certified but in the time being you can attempt to learn what the CATV companys written policy is regarding ownership of the individual lines that service apts. If they have a clear policy that assigns ownership to building owner once they are installed. your LL can argue all they want claiming luxury but that wont change the fact that those individual wires became part of the mechanical systems of the building and LLs obligation to repair. Back some time ago when the building was first wired the owner /agent at the time had to grant consent to have those wires installed. CATV firms in the early 80s were pretty rigid about consents even for SFH rentals up here. In later years they got sloppy about it . There were and still are alot of LLs who fight tenants over repairs of inside telephone wiring , I dont see CATV wires as any different but then again still contact the catv company to learn its ownership policy of the inside wires.

 

[reenzz]

This what op posted on anther website yesterday. Sounds to me like she can't get her story straight.

"
G
Open QuestionShow me another »
My Cable Wiring is Messed Up in My Apt Complex and They Can't Fix it. Can get it fixed & bill them?
So I signed up for Cable on Thursday and it was supposed to be turned on on Saturday but it never turned on, so I called Cox and they sent a technician out and he said my apartment complex wiring was messed up (the cable wire that said my apartment was not going to my apartment) and that i can either pay $50 for him to come back and fix it or see if my apartment complex can fix it. So I called my apartment complex today and told them their wiring was screwed up and they can either fix it or they can pay Cox $50 to fix it. The girl called back and this was our dialogue:

Girl: Yeah, I talked to our guys, and they don't have the tools to fix it. So Cox will have to fix it.
Me: Okay, and how to I go about getting Cox paid?
Girl: Um...you, I guess.
Me: Um...no, it's not my wiring, it's yours. I wouldn't pay out of pocket to fix the dishwasher, why would I pay out of pocket to fix the cable wiring?
Girl: Um...hang on.....
Girl: Okay I talked with the assistant manager and she said you have to wait for our maintenance supervisor to get back on Monday and he can look it and maybe he can fix it.
Me: Okay and what if he can't?
Girl: I don't know...

Okay, so this is a week I've been so far without TV whatsoever (because I'm not going to buy a digital converter box when I should be paying for real cable any day now). I first told them about the issue on Sunday. Is there a time period where if they don't get it fixed I can go to a third party (i.e. Cox) and bill them for the repair? Or is that only for plumbing and stuff? I'm trying to look over The AZ Landlord & Tenant act and found this:

§ 33-1364. Wrongful failure to supply heat,
air conditioning, cooling, water, hot water or
essential services

C. A landlord shall not terminate utility services as
specified in subsection A of this section which are
provided to the tenant as part of the rental agreement,
except as necessary to make needed repairs or as
provided in section 33-1368. Subsequent to the
execution of the rental agreement, a landlord may not
transfer the responsibility for payment of such utility
services to the tenant without the tenant's written
consent.
D. If a landlord is in violation of subsection C of this
section, the tenant may recover damages, costs and
reasonable attorneys fees and obtain injunctive relief.
Nothing in this section shall preclude a tenant's right to
recover damages as specified in section 33-1367.

But it seems like this only has to do with heat and water and electric, not sure where cable would fall, but I really don't think I should have to pay to fix their wiring. I also found page 39 of http://www.azag.gov/civil_rights/TenantR… but am not sure how many days I can put down for them to have it fixed by. Can anyone help me out with this?
18 hours ago - 3 days left to answer. Report Abuse
Additional Details
Ahhh I think I found it!
§ 33-1363. Self-help for minor defects
A. If the landlord fails to comply with section 33-1324,
and the reasonable cost of compliance is less than
three hundred dollars, or an amount equal to one-half
of the monthly rent, whichever amount is greater, the
tenant may recover damages for the breach under
section 33-1361, subsection B, or 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 the amount
specified in this subsection.
B. A tenant may not repair at the landlord's expense if
the condition was caused by the deliberate or n
18 hours ago

Uh, no, you're wrong. My apartment was supposed to be cable ready. It said so in my lease. They are in material non-compliance with the rental agreement. So suck it.
18 hours ago

Seriously, what is wrong with you people? It's not installation, it's REPAIR TO THEIR WIRING. The free installation would have been done already if their wiring wasn't screwed up.
18 hours ago

The first part I quoted about essential utilities was wrong, I was still working it out. But they need to maintain my unit "IN REASONABLE REPAIR" according to A.R.S. 33-1324. That means EVERYTHING should work. The dishwasher, the refrigerator, the toilet, cable, EVERYTHING. Cable doesn't work, through no fault of my own, and they need to repair it. Seriously, anyone who pays for repairs made to something they don't own is an idiot.
18 hours ago

Thank you Brendan! Yes I signed a lease for a cable ready apartment with working appliances, plumbing and electric. I have already filled out my 10 days notice (though I wish I would have known about putting it writing it 4 days ago), and I'll have Cox fix it if they can't figure it out by the 29th.
18 hours ago

 

[Who's Liable?]

You have to give management PROPER notice to fix said issue. This is only done via writing sent CRR. In AZ, a letter sent CRR is deemed "delivered" regardless of acceptance 5 days after it was sent. In other words, a court will deem the person receiving the letter is aware and knows of the contents of the certified letter even if they refuse to accept it or open it.

In the letter cite the statue, as well as any letterhead from Cox stating the problem with the wiring. Give them the required 10-days to fix. If they fail to do that within 10 business days than you may elect to repair and deduct.

However make SURE you properly follow the laws to do so!

 

[gigi9585]

I don't get how that is me not getting my story straight. The basics of the problem are the same: My apartment wiring is screwed up and they think I should pay to fix it and I think they should. The only difference is I was pretty sure my apartment was supposed to be cable ready but upon getting home last night I realized I have to double check my lease. Either way, I still feel the wiring is their property and any normal wear and tear (splitters shorting out or whatever happened) should be their responsibility to fix.

 

[gigi9585]

Oh yeah, in the original question, which was posted on Yahoo! Answers, which is quite possibly the biggest exercise in internet ignorance I've ever seen, I did say that I filled out my 10 days notice...I did, but then I left it at my office and didn't turn it in. Sorry I didn't realize I had to notify the internet whenever I forgot to do something I said I was going to do, or else someone would stalk me and call me out on "not getting my story straight". Jesus, get a life.

 

[Who's Liable?]

I don't get how that is me not getting my story straight. The basics of the problem are the same: My apartment wiring is screwed up and they think I should pay to fix it and I think they should. The only difference is I was pretty sure my apartment was supposed to be cable ready but upon getting home last night I realize I have to double check my lease. Either way, I still feel the wiring is their property and any normal wear and tear (splitters shorting out or whatever happened) should be there responsibility to fix.

You are correct. Cox is only responsible up to the d-mark, no further. The d-mark is where the main line comes in from the street to the apartment complex building. Anything past that is the responsibility of the apartment complex unless said tenant caused damaged to the lines.

You should ask what is exactly wrong with it. sometimes the sub-contractors for cox don't provide the correct splitter or give a unit too many lines thus leaving a unit without a line.

 

[FarmerJ]

back when the apt I rented was first wired in early 80s the company we had was called Rogers cable , the installer told me even though they ran lines to each apt the bottom line was they did not use splitters in the security box that was locked out back that reflected the actual number of apts in a building. At that time they had a 40% hook up rate city wide so the install supervisors had them use 4 way splitter to service a 6 unit building, So even if they had unscrewed the line for your apt G to connect another customer because the splitter was full they likely would have had to add larger splitter at some time if the number of customers exceeded the capacity of the splitter for the building. What is more likely is that a barrel end on the end of the line no longer is making a connection and must be replaced OR the line it self especially if it was run on the roof and then down in one of them plastic shields to make it look nice is actually damaged / cut / broken somewhere and must be replaced