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Rain drops keep fallin on my head!

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LOSTinAZ

Junior Member
Rain drops(now its the ceiling!) keep fallin on my head!

What is the name of your state? Arizona

Hi, In January the ceiling of my Master bedroom Started leaking. In fact, I woke up with it dripping all over my bed. I notified the LL by phone and writing. He told me he had to wait until it stopped raining to fix it. Three days later, buckets all over, a roofer came out to repair. This past Friday, I come home, I now have 4 new leaks, my bed soaked again. Water soaked straight down to garage. garage flooded. Call LL. LL comes out on Saturday, and sprays, some kind of hole filler all over the front of building. This Morning, Monday, wake up to roof dripping again all over my room and bed. I have no where else to move the bed in my room now. Its not even raining today, But forcast says starting Wed. rain thru week-end. I pay well and above the normal rent in this area, because I wanted a nice place. But it doesn't seem to be. I also have a scorpion Problem, but LL says I have to take care of that myself. Can I get out of Lease? What are the legal procedures to do so?

Thank-you in advance. :(
 
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Who's Liable?

Senior Member
Welcome to sunny beautiful Arizona!!!

Isn't the weather being odd lately?

yes, there is a lot you can do... you need to properly document EVERYTHING... Every time it leaks, you need to send a CRRR letter stating that the roof is leaking and they need to fix it... you need to create a paper trail immediately...

'Only send letters by certified, not regular, mail. This is because notices sent certified mail are deemed received five days after you mail them. Reference A.R.S. § 33-1313(B). If a letter sent by you to the landlord/agent is returned, DO NOT OPEN IT. You need to allow a judge that opportunity in order to confirm that what you said was sent in the letter actually is in there. If you open the letter you will significantly diminish your proof of having transmitted the notice or enclosures.'

I too lived in a luxury apartment in Chandler, and whenever it rained our ceiling would leak... All the calls and pleas to the lL went unheard, so I took action.

If you are really serious about fixing your problem and you want to get out of your lease legally, see this site:"clicky-click" I idd it myself and have not had any regrets with it... They do a one time charge of %80 of your rent and provide all the paperwork and some legal counsel if it should go to court... Ken is a little wierd but VERY knowledgeable about the LL/T laws here in Arizona...

My gf and I went tthrough the "break-lease" program and haven't had any regrets... It was a little tedious but we have not had anything show up on our credit reports and have actually sent our security deposit to collections with our previous LL... Plus we leased a much nicer bigger condo and was able to get it without a hitch...
 

LOSTinAZ

Junior Member
Thanks liable,

So right now its just a matter of hours that the whole ceiling will come down in Master bedroom. I will send a certified letter to LL. So in the mean time I'm supposed to wait for a reply from LL? I don't feel comfortable having to pay out more money to somebody else, for something that I have nothing to do with, considering that this has already been a HUGE inconvience. After reading AZ laws, I'm pretty sure that I'm covered under ARS 33-1366.

I've got all pictures, and I pay my rent by personal check. I have never been late, or held back rent.

Once the ceiling comes down, and it will, I won't be willing to hang out for this new educational experience!

Does this state have a Housing Authority? I've Google'd and couldn't find a whole lot. Thanks :confused:

Also, this is a condo in Gold Canyon, AZ
 
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Who's Liable?

Senior Member
If the LL is trying everything he can to fix the problem, there really isn't anything you can do... The AZ laws simply states that he needs to prove that he is doing something about the problem... So everytime it rains, as long as the LL responds to your request, and shows good faith that he is trying to fix the problem, there is nothing you can do...

You might try asking to be let out of the lease, and maybe the LL will, maybe not...

§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.
 
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