T
threed41
Guest
Hi,
I'm from Arizona and used to rent an apartment. I purchased a home and asked the apartment complex to try and lease the apartment. I have been paying rent since moving out 2 1/2 months ago. The apartment complex, without my knowledge, changed the lock. I wrote a letter to the apartment complex stating that they changed the lock on my apartment even though I was still paying the rent. I wrote this letter and gave it to them on Friday and now today they are calling me at work and telling me that they did not maliciously change the lock and are offering the "new" keys. I told her that it doesn't matter if it was malicious or not. The fact is, that they changed the lock and I did not have access to the apartment. Thus the letter. I would like feedback on a response that I can give the apartment complex if they continue to harrass me at work and at
home. Below is the letter that I gave to them. Thanks for your input!
March 27, 2000
Dear Sir or Madam:
I am providing the management of the Apartments with five days' written notice
before lawfully terminating my lease for apartment #724 in building #700. In
good faith I paid rent and did not relinquish my keys. I discovered that the lock to
my apartment is not accessible with my apartment door key. Despite the fact that
I have paid rent, I no longer have access to the unit and the lock changed without
my consent. The change of the door lock is a breach of the rental agreement and I am no longer liable for the remainder of the contract. I therefore cancel my lease based upon violations of the following Arizona Title 33 Statutes.
33-1362. Failure to deliver possession
A. If the landlord fails to deliver physical possession of the dwelling unit to the
tenant as provided in section 33-1323, rent abates until possession is delivered
and the tenant may do either of the following:
1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the landlord or any person wrongfully in possession and recover the damages
sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed
with the remedies provided for in section 33-1361.
C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two
months' periodic rent or twice the actual damages sustained by him, whichever is greater.
33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services If the landlord unlawfully removes or excludes the tenant from the premises or
willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement
is terminated the landlord shall return all security recoverable under section 33-1321.
I'm from Arizona and used to rent an apartment. I purchased a home and asked the apartment complex to try and lease the apartment. I have been paying rent since moving out 2 1/2 months ago. The apartment complex, without my knowledge, changed the lock. I wrote a letter to the apartment complex stating that they changed the lock on my apartment even though I was still paying the rent. I wrote this letter and gave it to them on Friday and now today they are calling me at work and telling me that they did not maliciously change the lock and are offering the "new" keys. I told her that it doesn't matter if it was malicious or not. The fact is, that they changed the lock and I did not have access to the apartment. Thus the letter. I would like feedback on a response that I can give the apartment complex if they continue to harrass me at work and at
home. Below is the letter that I gave to them. Thanks for your input!
March 27, 2000
Dear Sir or Madam:
I am providing the management of the Apartments with five days' written notice
before lawfully terminating my lease for apartment #724 in building #700. In
good faith I paid rent and did not relinquish my keys. I discovered that the lock to
my apartment is not accessible with my apartment door key. Despite the fact that
I have paid rent, I no longer have access to the unit and the lock changed without
my consent. The change of the door lock is a breach of the rental agreement and I am no longer liable for the remainder of the contract. I therefore cancel my lease based upon violations of the following Arizona Title 33 Statutes.
33-1362. Failure to deliver possession
A. If the landlord fails to deliver physical possession of the dwelling unit to the
tenant as provided in section 33-1323, rent abates until possession is delivered
and the tenant may do either of the following:
1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security.
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the landlord or any person wrongfully in possession and recover the damages
sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance with section 33-1324, rent shall not abate. Tenant may proceed
with the remedies provided for in section 33-1361.
C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than two
months' periodic rent or twice the actual damages sustained by him, whichever is greater.
33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services If the landlord unlawfully removes or excludes the tenant from the premises or
willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement
is terminated the landlord shall return all security recoverable under section 33-1321.