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Zosimus

Member
Arizona — I am renting from a landlord who was provided with a written request to fix the dishwasher appliance, which has not worked from the beginning. She sent a handyman who removed a fork from the machine, proclaimed it fixed, and left. When enough time had passed, I contacted an appliance repair shop near me that diagnosed the problem as a bad board. The part in question is no longer made. Accordingly, I purchased a new dishwasher and had it delivered.

When the landlord found out, she demanded that I move out at the end of the month. She also refused to pay for the dishwasher and insisted that I return it. She said she already has a dishwasher in storage that will serve. She also sent me a text message saying that she plans to enter the property on Sunday to show it to a new potential tenant. Arizona law requires 48-hour notice and text message is not an acceptable notification method.

So, I am toying with the idea of either suing her for the cost of the dishwasher and repairman or just taking it out of the rent when I pay it on November 1. Any suggestions?
 


LdiJ

Senior Member
Arizona — I am renting from a landlord who was provided with a written request to fix the dishwasher appliance, which has not worked from the beginning. She sent a handyman who removed a fork from the machine, proclaimed it fixed, and left. When enough time had passed, I contacted an appliance repair shop near me that diagnosed the problem as a bad board. The part in question is no longer made. Accordingly, I purchased a new dishwasher and had it delivered.

When the landlord found out, she demanded that I move out at the end of the month. She also refused to pay for the dishwasher and insisted that I return it. She said she already has a dishwasher in storage that will serve. She also sent me a text message saying that she plans to enter the property on Sunday to show it to a new potential tenant. Arizona law requires 48-hour notice and text message is not an acceptable notification method.

So, I am toying with the idea of either suing her for the cost of the dishwasher and repairman or just taking it out of the rent when I pay it on November 1. Any suggestions?
Do you have a lease? When does your lease end? Or, are you month to month? Let's start with that before we go on.
 

Just Blue

Senior Member
Arizona — I am renting from a landlord who was provided with a written request to fix the dishwasher appliance, which has not worked from the beginning. She sent a handyman who removed a fork from the machine, proclaimed it fixed, and left. When enough time had passed, I contacted an appliance repair shop near me that diagnosed the problem as a bad board. The part in question is no longer made. Accordingly, I purchased a new dishwasher and had it delivered.

When the landlord found out, she demanded that I move out at the end of the month. She also refused to pay for the dishwasher and insisted that I return it. She said she already has a dishwasher in storage that will serve. She also sent me a text message saying that she plans to enter the property on Sunday to show it to a new potential tenant. Arizona law requires 48-hour notice and text message is not an acceptable notification method.

So, I am toying with the idea of either suing her for the cost of the dishwasher and repairman or just taking it out of the rent when I pay it on November 1. Any suggestions?
You handled this very badly. Like, really bad. Did you save the old dishwasher?


@adjusterjack
 

adjusterjack

Senior Member
Arizona — I am renting from a landlord who was provided with a written request to fix the dishwasher appliance, which has not worked from the beginning. She sent a handyman who removed a fork from the machine, proclaimed it fixed, and left. When enough time had passed, I contacted an appliance repair shop near me that diagnosed the problem as a bad board. The part in question is no longer made. Accordingly, I purchased a new dishwasher and had it delivered.
Dead wrong. ARS 33-1363 allows for repair and deduct after giving the LL proper written notice. When the handyman left you would have known right away that the DW still wasn't working and should have complied with ARS 33-1363.

Arizona Revised Statutes § 33-1363 (2020) - Self-help for minor defects :: 2020 Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia

When the landlord found out, she demanded that I move out at the end of the month.
That won't hold up in court. ARS 33-2143 requires written notice of termination for cause and an opportunity to cure the breach.

Arizona Revised Statutes § 33-2143 (2020) - Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent; notice; damages; definition :: 2020 Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia

In your case, removing the new DW and allowing installation of her replacement DW is probably sufficient cure to avoid termination.

She also refused to pay for the dishwasher and insisted that I return it.
That's exactly her right.

She also sent me a text message saying that she plans to enter the property on Sunday to show it to a new potential tenant. Arizona law requires 48-hour notice and text message is not an acceptable notification method.
You have that wrong, too. ARS 33-1343 (D) does require "two days notice" but doesn't specify how that notice must be given and certainly doesn't prohibit text messaging. A phone call from the LL would have sufficed.

Arizona Revised Statutes § 33-1343 (2020) - Access :: 2020 Arizona Revised Statutes :: US Codes and Statutes :: US Law :: Justia

Bottom line: You're not getting reimbursed for the DW and you are likely to lose any lawsuit for its cost since you failed to comply with the statutory requirements.

You may, however, be able to save your tenancy by advising her, in writing, that her termination notice doesn't comply with the statute and she needs to give you an opportunity to cure the breach either by removing the new DW and allowing hers to be installed or agreeing to leave the new one in without reimbursement and leave it there when your lease or rental agreement expires.
 

adjusterjack

Senior Member
Have you talked to her at all about resolving this? You might suggest that if you move out she will still have to replace the DW for a new tenant.
 

Zosimus

Member
Have you talked to her at all about resolving this? You might suggest that if you move out she will still have to replace the DW for a new tenant.
Oh yes, I've tried to resolve the matter amicably, but she is verbally abusive. I'm thinking of going a different way with this. In the same letter in which I complained that the dishwasher wasn't working, I also complained that my kids' windows had been nailed shut and mentioned that this is a code violation. Apparently, complaining to one's landlord of a code violation entitles one to the presumption that subsequent negative landlord actions are retaliation. Her multiple demands that I move and threats to bring new tenants in could be considered a form of harassment in retaliation for complaining about the code violation. I may well sue on that basis (depending on what I read it seems to indicate either that I can sue for one months' worth of rent or two) and offer to settle the matter for her just accepting the new dishwasher and having her handyman install it.
 

Zosimus

Member
My heartfelt suggestion is that you move. You have a family - you don't need this toxicity.
Unfortunately, I signed a one-year lease starting July 2021. I subsequently bought a house, which I closed on on September 1. But, since I had a lease, I moved tenants in on a month-to-month agreement. When she first called me up to scream at me, I told her I had a house, and was quite willing to move out. She said I could, so I asked for it in writing. She said, "You got it!" so I thought I was in the clear. But, her subsequent email and text messages to me simply said, "By mutual agreement, you are moving out on October 31!!" Uhm... no. We have no such agreement.
 

Zigner

Senior Member, Non-Attorney
Unfortunately, I signed a one-year lease starting July 2021. I subsequently bought a house, which I closed on on September 1. But, since I had a lease, I moved tenants in on a month-to-month agreement. When she first called me up to scream at me, I told her I had a house, and was quite willing to move out. She said I could, so I asked for it in writing. She said, "You got it!" so I thought I was in the clear. But, her subsequent email and text messages to me simply said, "By mutual agreement, you are moving out on October 31!!" Uhm... no. We have no such agreement.
That's a much different set of circumstances than you started out with:

Accordingly, I purchased a new dishwasher and had it delivered.

When the landlord found out, she demanded that I move out at the end of the month.
 

adjusterjack

Senior Member
I moved tenants in on a month-to-month agreement.
That's probably a breach of the lease that puts you in deeper doodoo than before. You've handled this all wrong from the getgo. Any chance of a successful lawsuit just went out the window.

By the way, your tenants may now have a cause of action against you for the non-working DW.
 

Zigner

Senior Member, Non-Attorney
That's probably a breach of the lease that puts you in deeper doodoo than before. You've handled this all wrong from the getgo. Any chance of a successful lawsuit just went out the window.

By the way, your tenants may now have a cause of action against you for the non-working DW.
No, the OP bought a house and rented that house out to MTM tenants until such time as he is ready to move in to the house. Those tenants have nothing to do with the apartment the OP is currently having difficulties with.
 

Zosimus

Member
That's probably a breach of the lease that puts you in deeper doodoo than before. You've handled this all wrong from the getgo. Any chance of a successful lawsuit just went out the window.

By the way, your tenants may now have a cause of action against you for the non-working DW.
I assure you that everything in my house, in Rimrock, is working perfectly. My tenants are quite happy. The problem is the house I am renting in Prescott Valley, AZ. Can you explain to me how it is a breach of my lease in Prescott Valley to purchase an independent house and move tenants into it?
 

Zosimus

Member
Well, if you want the whole, long story it is this: I agreed to rent half of a make shift duplex starting on July 1 for a duration of 1 year. The landlord had just purchased the property so I assumed (wrongly) that an inspection had been done during escrow to ensure that the house was up to snuff. The only active utility at the time I moved in was water, so I ordered gas and electricity installed. The electricity came off without a hitch, but the gas department refused to turn on the gas because the gas heater had a leak. I called the landlord, who had that fixed, and the gas company came out again and again refused to turn on the gas because the other half of the duplex had been formed by enclosing the water heater into a room, which is rented out. I was told that it was against code for the water heater to pull oxygen from a sleeping area and that it would have to be properly vented. I called the landlord again, and she sent out her handyman who got the gas turned on. I have no idea whether the water heater was adequately vented. I also had to order trash service because the landlord didn't provide that. I think landlords in Arizona are supposed to do so.

On August 1, my old lease ended, and I moved all my stuff down to Arizona from Utah. A week later, my wife arrived from Peru by plane. About a week later, the landlord sent me a message saying I wasn't properly maintaining the yard. I went out and surveyed the yard, and it was all weeds that were overgrown. So, I began pulling them. On Labor Day she sent me a text message saying I hadn't done anything. That pissed me off, so I took videos of all the area I had cleared and all the brush I had pulled. The next day, she had contracted someone to cut the entire lawn. The people charged her $75 for the front and $75 for the back, and she admits that they didn't look at the place before quoting her. The back had already been 70 percent cleared.

So, I told her I wouldn't pay. I said the correct procedure that she should have followed would have been to have given me a notice to cure the breach of the lease or move out. She was incensed. She was more incensed that I sent that letter certified mail. She was even more incensed that I sent a separate letter complaining of the code violations at the place and requesting repairs. She called me up and yelled at me. She said that sending certified letters "wasn't the right way." She said I should have just called her.

She sent someone over to fix some things, but she didn't fix the dishwasher. She just had the handyman look inside, pull out a fork, and say that it was fixed. It still didn't work. About a month later, I had a person look at it. He diagnosed the problem as a bad board. He also said the board wasn't still being made. He recommended a new unit. He charged me $82 for that. So, I bought a dishwasher and asked her to have it installed. She was incensed. She called me up, cussed me out, and said that the dishwasher was my own responsibility.

So now, my rent is due on the first. I am trying to decide the best course of action. I don't want to withhold rent unless I'm 100 percent sure that I'm legally in the clear. Meanwhile, she is demanding that I move out by sending me multiple text messages and emails. She threatens to bring in new potential tenants to show the place. She claims that she can do so with a 24-hour notice by text message. My wife is stressed out and pissed off at me. I am seeking a solution.
 

Zigner

Senior Member, Non-Attorney
I assure you that everything in my house, in Rimrock, is working perfectly. My tenants are quite happy. The problem is the house I am renting in Prescott Valley, AZ. Can you explain to me how it is a breach of my lease in Prescott Valley to purchase an independent house and move tenants into it?
Your earlier post was simply misunderstood...
 

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