In need of help, FAST!!!!

[jbowles]

I've been living in the same apartment complex for about the last 2 years. I recently transfered from one apartment (3 bedroom, 2 bath) to another (2 bedroom, 2 bath). During the time I have lived in the apartment complex, the chiller (A/C) unit has gone out EVERY summer. I moved into this new apartment on the 1st of June, and the chiller unit has not worked, despite a NEW blower motor that was installed before I moved in. I went to the complex office several times during the first month to complain about not having cold air. Maintainence came out to the apartment only ONCE to look at the chiller. They said they'd be back the next day with their supervisor to flush the water lines out, and they NEVER showed. About 2 weeks later, the main chiller started leaking, and the entire complex was without air. During that time, the temperature inside my apartment was somewhere between 100-110 degrees. All total, I have cold air in my apartment for 2 out of the first 9 weeks that I've been in the apartment. My question is, "Do I have the right to withhold rent or obtain a lawyer to get a refund on what I've already paid them, or be let out of my lease???

 

[HomeGuru]

Yes you do have the right.

 

[happylucky]

You sure are a WUSS!

Arizona in the middle of summer and you are just starting to complain.

Can you put in a window unit? if so buy one and deduct it from the rent.

If NOT...... There must be some city or county heat hotline call them, and report your landlord.

Also send a certified letter stating you are witholding the rent untill the air conditioning units are fixed properly.

And you expect to get reimbursed for your hotel and other expenses unless the landlord agrees to terminate the lease immediately and refund the security deposit.

If this was Arizona in January, i wouldnt be so angry with you.

 

[jbowles]

Only if you were in my shoes...

You must not have read the message thoroughly. This all started in the beginning of June, when summer was just beginning to set in. I have been complaining, but nothing is being done!!!!!! Next time you feel like critizing someone about something like this, try reading the message thoroughly FIRST!!!!

 

[happylucky]

Your complaining is NOT WORKING!!!!

Get on the phone right now and see what city/county agency can help.......

Take tomorrow off, and bang on their doors..THEY have air conditoned offices!

Try buildings zoning housing anyone....

HEY call the TV stations they have consumer or action news reporters which will do stories, and NO ac in Phoenix in August IS A STORY!!!!!

 

[JETX]

Ignore 'Happy'. Though occasionally he comes in with good information, most of the time his posts are smart-alecky, personal opinions as a landlord advocate.

Arizona Landlord-Tenant Statute provides the answer to you problem:
"33-1324. Landlord to maintain fit premises
A. The landlord shall:
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.
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."
http://www.azleg.state.az.us/ars/33/01324.htm

If the landlord fails in this responsiblity, the tenant can:
"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 shall include 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 as well as any written representation, as well as 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 section 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."
http://www.azleg.state.az.us/ars/33/01361.htm

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

A. If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently fails to supply running water, gas or electrical service, or both if applicable, and reasonable amounts of hot water or heat, air-conditioning or cooling, where such units are installed and offered, or essential services, the tenant may give reasonable notice to the landlord specifying the breach and may do one of the following:

1. Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual reasonable cost from the rent. If the landlord has failed to provide any of the utility services specified in this section due to nonpayment of the landlord's utility bill for the premises, and if there is no separate utility meter for each tenant in the premises such that the tenant could avoid a utility shutoff by arranging to have services transferred to the tenant's name, the tenant may either individually or collectively with other tenants arrange with the utility company to pay the utility bill after written notice to the landlord of the tenant's intent to do so. With the utility company's approval the tenant or tenants may pay the landlord's delinquent utility bill and deduct from any rent owed to the landlord the actual cost of the payment the tenant made to restore utility services. The tenant or tenants may continue to make such payments to the utility company until the landlord has provided adequate assurances to the tenant that the above utility services will be maintained.
2. Recover damages based upon the diminution in the fair rental value of the dwelling unit.
3. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. In the event the periodic cost of such substitute housing exceeds the amount of the periodic rent, upon delivery by tenant of proof of payment for such substitute housing, tenant may recover from landlord such excess costs up to an amount not to exceed twenty-five per cent of the periodic rent which has been excused pursuant to this paragraph.
B. A landlord shall provide all utilities and services specified in the lease agreement.
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.
E. A lease agreement shall not contain any terms contrary to this section.
F. In addition to the remedy provided in paragraph 3 of subsection A of this section, in the event the landlord's noncompliance is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent.
G. If the tenant proceeds under this section, he may not proceed under section 33-1361 or section 33-1363 as to that breach, except as to damages
which occur prior to the tenant proceeding under subsection A or B of this section.
H. The rights under this section do not arise until the tenant has given notice to the landlord and such rights do not include the right to repair. Such rights do not arise if the condition was 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."
http://www.azleg.state.az.us/ars/33/01364.htm

Bottom line....
Send the landlord written notice (Certified RRR) detailing his breach of Section 33-1324 (Health and Safety) and demand that the problem be remedied within FIVE days. If not, you can terminate your lease and move out. And you can sue the landlord for your damages.

Other relevant websites:
http://www.supreme.state.az.us/info/brochures/landlord.htm
http://www.law.arizona.edu/library/LibraryInternet/legal_guides/landlord_tenant.htm




Hope that this helps....
Start documenting your problem!!