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PWalker40

Junior Member
What is the name of your state? Arizona

I reside in AZ, rent a trailor on a month to month basis, and it's a slanty shanty.

The swamp cooler is broke, the roof leaks, the walls leak (yes the walls) onto electrical outlets, I still haven't been provided with a working stove, and there are some holes in the floor. To top it off one side of the trailer fell off the jack it was on this morning and now it's slanting. When that happened the toilet fell over so now I don't have one of those either.

The landlord lives on the property in his own trailer and I have verbally told him repeatedly about all my problems. He did nothing so I sent a certified letter to him with the details of each problem. I have also asked for the property owner's name and some way to contact him and he refuses to give me that information. He states he doesn't have to , and the owner doesn't even live in the state so there's nothing he could do anyway.

I was under the impression that he did have to, and the only reason I want that information is because his designee doesn't do anything but cuss and yell when I present my problems to him.

Here's the thing, I sent the letter certified and he didn't get it...so the post office left a notice for him to pick it up and he never did. After 15 days it gets returned to me. I requested signature confirmation...not sure if that was the way to do it ...but it's what I requested. So now that he didn't pick it up do I hand deliver it? resend it? Heck, I can't wait 15 more days for these things to be fixed...I paid rent and always have so what are my options?
 


HappyHusband

Senior Member
PWalker40 said:
What is the name of your state? Arizona

I reside in AZ, rent a trailor on a month to month basis, and it's a slanty shanty.

The swamp cooler is broke, the roof leaks, the walls leak (yes the walls) onto electrical outlets, I still haven't been provided with a working stove, and there are some holes in the floor. To top it off one side of the trailer fell off the jack it was on this morning and now it's slanting. When that happened the toilet fell over so now I don't have one of those either.

The landlord lives on the property in his own trailer and I have verbally told him repeatedly about all my problems. He did nothing so I sent a certified letter to him with the details of each problem. I have also asked for the property owner's name and some way to contact him and he refuses to give me that information. He states he doesn't have to , and the owner doesn't even live in the state so there's nothing he could do anyway.

I was under the impression that he did have to, and the only reason I want that information is because his designee doesn't do anything but cuss and yell when I present my problems to him.

Here's the thing, I sent the letter certified and he didn't get it...so the post office left a notice for him to pick it up and he never did. After 15 days it gets returned to me. I requested signature confirmation...not sure if that was the way to do it ...but it's what I requested. So now that he didn't pick it up do I hand deliver it? resend it? Heck, I can't wait 15 more days for these things to be fixed...I paid rent and always have so what are my options?
Give your 30 day notice and move out.
Call the local health code enforcement office regarding the defunct toilet.
I can't read your lease, but your landlord probably doesn't have to provide you with a working AC or stove.
Why are you putting up with this?
Can you not find another shanty that's not so slanty? Or one that at least has a functioning toilet?
 

Who's Liable?

Senior Member
HappyHusband said:
Give your 30 day notice and move out.
Call the local health code enforcement office regarding the defunct toilet.
I can't read your lease, but your landlord probably doesn't have to provide you with a working AC or stove.
Why are you putting up with this?
Can you not find another shanty that's not so slanty? Or one that at least has a functioning toilet?
AZ law stipulates that A/C MUST be provided. Especially in the months we have right now. DO NOT OPEN THE LETTER, as it is now evidence of your claim. A letter sent via CRR in AZ is deemed "delivered" on the 5th day after it was sent REGARDLESS of signature. In essence, the LL may not have signed for it, but AZ law stipulates that he did indeed receive it...

Bottom line is, OP needs to move... ALso check with the AZ Registrar, as ALL rental units in AZ MUST be registered to collect rent.
 

PWalker40

Junior Member
First of all, Thank you for your responses...especially you "who's liable?"...you gave me some very helpful information.

Ok, I'm a single father with an 11 year old son and I don't make the big bucks. It's hard for me to just pick up and move...with deposits /credit checks/uhauls/etc. But trust me I know I need to move...I hate my son having to live in this situation. I am doing everything I can to make that happen. I am seeking financial aid etc...mostly I just get the run around. But back to my point...

I DID call the local health code enforcement office regarding the defunct toilet and they told me to call the landlord tenant act in Phoenix because they were the ones who could tell me what to do. So I did....4 times. I'm still waiting on a return call. (the run around)

Then you ask "why am I putting up with this?" Well I'm doing what I have to (legally) on my part to stop it. I sent the letter, paid rent, made my complaints, I'm trying to get legal aid, etc. I'm sure there's something I'm missing but feel free to tell me cause I will do what it takes. I'm just not educated when it comes to the laws for these situations. If I could bust his door down and MAKE him do it right now...I would.

Anyways , thanks for your info about the letter "Liable" I didn't know that...not sure if you'll be returning to this thread, but if so can I find the AZ registrar online? Or do I need to go somewhere to get that information?
 

Who's Liable?

Senior Member
The most important thing you need to do is get EVERYTHING in WRITING... Unfortunately, AZ is a LL friendly state, and you need to make sure you cross your t's and dot your i's...

You can call the AG at: But I do not know if that will help much in your case.
Office of the Attorney General
Consumer Information and Complaints
1275 West Washington Street
Phoenix, AZ 85007
(602) 542-5763
(800) 352-8431

So far the LL has violated (according to you post)

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.
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.


Additionally, if so desire to move without a lot of heartache you can cite:
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.

The toilet not working would constitute a violation... and you can give him 5 days to fix it or you can legally terminate your month-to-month lease...

AND

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.
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.

Keep notice that if you decide to follow 33-1364, you cannot do any of the outlined items in 33-1361
 

PWalker40

Junior Member
Update - my landlord said my certified letter wouldn't hold up in court, but what the hell does he know. I wrote down the laws you outlined "who's liable" and showed him why he was in breech of the lease...but of course he said those wouldn't hold up in court either. (see what I'm dealing with) So what he did was tell me to move into another trailor on the property until he could have my toilet fixed and put my trailor back on the jack. He said he wasn't worried about the air,stove,holes etc...cause as long as I had power and water the other things weren't an emergency and he would get to them when he could and that if I didn't stop whining to him all the time he would have me evicted for yelling at him. (which we both did to each other)

The place I'm staying in now is only alittle better but about 150 more a month in rent, which i told him I wasn't paying cause I didn't asked to be here. He disagreed stating I had too...But I won't.

But anyways, Listen, thank you for you time "Who's Liable?"...I appreciate, very much, everything you told me...I really do.
 

ecmst12

Senior Member
Sure, no air conditioning isn't an emergency when it's 108 degrees and you live in a metal box in the middle of the desert....with a little kid....what a jerk!
 

danno6925

Member
[/QUOTE]The place I'm staying in now is only alittle better but about 150 more a month in rent, which i told him I wasn't paying cause I didn't asked to be here. He disagreed stating I had too...But I won't.
[/QUOTE]

I don't believe he can ask for the additional cash unless he got an addendum to the lease signed by you.

Sounds to me like this guy's a desert slumlord, and should be treated accordingly. A lawyer might take this case on a contingency basis (33% of damages awarded is usually fair) and just sue the pants right off him.

How many trailers are there on this guy's property? Do none of them have decent living conditions? I'd say if there are more folks than just you living there, get together and file a lawsuit against him for all of the violations he's ignored in the past.
 

HappyHusband

Senior Member
danno6925 said:
I don't believe he can ask for the additional cash unless he got an addendum to the lease signed by you.

Sounds to me like this guy's a desert slumlord, and should be treated accordingly. A lawyer might take this case on a contingency basis (33% of damages awarded is usually fair) and just sue the pants right off him.

How many trailers are there on this guy's property? Do none of them have decent living conditions? I'd say if there are more folks than just you living there, get together and file a lawsuit against him for all of the violations he's ignored in the past.
A lawyer might take this case on a contingency basis (33% of damages awarded is usually fair) and just sue the pants right off him.

Sure. 33% of jacksquat is jac.
 

PWalker40

Junior Member
Thanks for your responses. Yes, there are many more trailors on the property...as far as condition goes I can only speak for three of them.

When I first moved in I had my choice between two trailors...and the first one was 50 times worse then the one I rented...if you can imagine that. The one I am temporarily in now has a stove and that's about the only difference. My landlord spoke highly of the place before he had me move here...but come on, the roof leaks horribly, the air is broke here too...oh and it doesn't slant so I guess it's better in that sense. It is infested with bugs and filthy...my son and I spent all day trying to clean it up yesterday and it's only a slight improvement.

But anyways, as far as the other tenants go...when they complain they get faced with the threat of eviction. Most of them , like me, probably don't know the law or what they are entitled to...and honestly most of them get scared when threated with the law or eviction. I will continue to pursue this on my end until I can move...hopefully that will be very soon

Thanks guys
 

Who's Liable?

Senior Member
PWalker40 said:
Update - my landlord said my certified letter wouldn't hold up in court, but what the hell does he know. I wrote down the laws you outlined "who's liable" and showed him why he was in breech of the lease...but of course he said those wouldn't hold up in court either. (see what I'm dealing with) So what he did was tell me to move into another trailor on the property until he could have my toilet fixed and put my trailor back on the jack. He said he wasn't worried about the air,stove,holes etc...cause as long as I had power and water the other things weren't an emergency and he would get to them when he could and that if I didn't stop whining to him all the time he would have me evicted for yelling at him. (which we both did to each other)

The place I'm staying in now is only alittle better but about 150 more a month in rent, which i told him I wasn't paying cause I didn't asked to be here. He disagreed stating I had too...But I won't.

But anyways, Listen, thank you for you time "Who's Liable?"...I appreciate, very much, everything you told me...I really do.
Your LL obviously is a slumlord... Chances are noone has taken him to court because they believe his statements of legal arguments not holding up in court... I think you should take him to court to teach him a thing or two... See the suprised look on his face when the judge fines him heavily... You can also sue him for retaliatory action once he thratenms to evict you. Of course you NEED to document EVERYTHING you have done and keep copies of EVERY letter you send CRR to him... It's a little more expense, about $4.30 I believe, but it starts a paper trail of you actions.

Good Luck! By the way, what city are you in?
 

PWalker40

Junior Member
Chances are noone has taken him to court because they believe his statements of legal arguments not holding up in court----

exactly...He likes to brag to everyone about all the cops he knows and yada yada yada...he's an idiot.

Thanks for the advice .....and I live in Tucson.
 

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