Discrimination

[ajsaz]

I am in Tempe (Maricopa Country) AZ.
A new mgt company just took over our building (they didn't send a notice)
and as part of the new lease, they require all children 16 and under to be
supervised. My wife and I are both handicapped, and we often send
our 12 year old to get the mail (a 10 minute walk for me), and sometimes help
bring in the groceries. I told the mgt
company that I would like my lawyer to review the lease before I sign. 2 Days
later I got a 30 day termination (we went to month-to-month because we
didn't sign the new lease).

Is there discriminationa against children and/or handicapped people. Must
a landlord allow a tenant to have a lawyer review the lease agreement?
(We are also in the situation of having no money to move right now....)

--thanks very much

 

[acmb05]

I am in Tempe (Maricopa Country) AZ.
A new mgt company just took over our building (they didn't send a notice)
and as part of the new lease, they require all children 16 and under to be
supervised. My wife and I are both handicapped, and we often send
our 12 year old to get the mail (a 10 minute walk for me), and sometimes help
bring in the groceries. I told the mgt
company that I would like my lawyer to review the lease before I sign. 2 Days
later I got a 30 day termination (we went to month-to-month because we
didn't sign the new lease).

Is there discriminationa against children and/or handicapped people. Must
a landlord allow a tenant to have a lawyer review the lease agreement?
(We are also in the situation of having no money to move right now....)

--thanks very much

Was your original lease up already or do you stilll have time on it?

If your original lease was not up yet they cant make you sign a new one just because management changed, If the building was sold and new owners took over they have to abide by the lease you have until it ends.

They do not have to give you time for your attorney to look it over.

That being said they first have to give you notice which they did, contact the attorney and have him look over the notice to see if they did it properly. I would also check into the disibility rights laws and see if there is anything there that could help you.

 

[acmb05]

I should add that any modification to the lease has to be given to the tenant 30 days prior to any changes taking affect.

http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/2004/Landlord_Act.htm#1315

 

[ajsaz]

no notice

They did not give me notice of mgt change or anything else.
I was on month-to month (old lease expired -- so I know they don't
need a reason to kick me out, but the timing is kind of strange)

I was notified of change when mgt came at my door and gave me notice
that my son was out without superivision, and this was against
community rules, he said his mgt company took over January 1.
(Not so with lease that I signed, and now month to
month).... he said the new lease which he had in his hand requires
all children 16 and under to be supervised. He wanted me to sign
lease right away. I told him I wanted lawyer to review.
(I have poor eyesight, so I cannot read the "small print")
So how could I sign something I can't read.

 

[acmb05]

They did not give me notice of mgt change or anything else.
I was on month-to month (old lease expired -- so I know they don't
need a reason to kick me out, but the timing is kind of strange)

I was notified of change when mgt came at my door and gave me notice
that my son was out without superivision, and this was against
community rules, he said his mgt company took over January 1.
(Not so with lease that I signed, and now month to
month).... he said the new lease which he had in his hand requires
all children 16 and under to be supervised. He wanted me to sign
lease right away. I told him I wanted lawyer to review.
(I have poor eyesight, so I cannot read the "small print")
So how could I sign something I can't read.

Go to legal aid in your town and get some advie from them. They deal in landlord tenant issues quite frequently and will be much more versed in the laws than most people on here. You should qualify for free legal help seeing as you are disabled.

Regardless they still must notify all tenants 30 days prior to any new changes in the property rules.

 

[Who's Liable?]

Sorry to say, but you are out of luck...

Since you are on a month-to-month lease, they do not require you to sign a new lease and can kick you out with a proper 30-day notice to vacate... When did your lease end? if it is past the lease experiation, look to see in your existing lease if there is an automatic renewal clause. If so, you are still within a lease, and they cannot do anything to you. If not, you still have to abide by the terms of the lease but for only 30-day increments.

Sounds like they thought you were going to be a problem tenant when you mentioned "lawyer" to them, even though it was for a valid reason...

They do not need to give you notice of change of management, but as stated before, they need to give you notice of the change of rules...

If you want to cause some serious problems, have your lawyer look to see if the apartment complex is registered with the State Registrar... As of right now, 1/2 of the properties out there are NOT registered even though they have to be in order to collect rent... In short, by AZ law you MUST be registered to collect rent...

 

[ajsaz]

Thanks for the help

Thank you for the information.

If anyone can find legal aid for Maricopa County, Arizona it would
help.

Thanks very much!

 

[ENASNI]

Thank you for the information.

If anyone can find legal aid for Maricopa County, Arizona it would
help.

Thanks very much!

Google can.

 

[HomeGuru]

Thank you for the information.

If anyone can find legal aid for Maricopa County, Arizona it would
help.

Thanks very much!

**A: remember that this is not an issue of handicap discrimination since you had a m/m lease. And such lease can be terminated by proper written notice pursuant to the AZ L/T law.

 

[ajsaz]

"Hand Delivery"

re: "hand delivered" can mgr just leave it on a door (not the door we primarily use) and say it was hand delivered, or does it need to be delivered into
our hands.

 

[ENASNI]

re: "hand delivered" can mgr just leave it on a door (not the door we primarily use) and say it was hand delivered, or does it need to be delivered into
our hands.

********www.azsos.gov/public_services/publications/Residential_Landlord_Tenant_Act/2004/Landlord_Act.htm#1313

. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual knowledge of it.


I don't think this is the detail you want to argue, do you?