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retaliation

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Janeen

Junior Member
What is the name of your state? Arizona

What does this law mean in a month to month rental agreement in Arizona? Sounds like it doesn't hold up for much with the threads I have read.

Az. Residential Landlord and Tenant Act
Arizona Revised Statutes Title 33, Chap 10
updated with laws effective Aug. 22, 2002.

Article 5. 33-1381. Retaliatory conduct prohibited.
A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for posssion after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation affecting health and safety.
2. The tenant has complained to the landlord of a violation under 33-1324 (Landlord to maintain fit premises).
3. The tenant becomes a member or tenants union or similar organizations.
4. The tenant has complained to gov. agency for enforcement of the wage-price stabilization act.

the rest tells the effects of violaions.

So am I not in this catagory, when everytime I, in writing, asked for something to be done or fixed which affects the health and safety of my living, and the only response I get from the landlord is a "Notice to terminate month to month tenancy" because this has happened 8 times in the last 9 months, and the one remaining is requesting me to renew my agreement with a $60.00per month rent increase. And with those 7 notices I have paid rent on the first as normal and they accept the payment. Except this last month, after they learned that my electrical is wired into upstairs box, and tenants upstairs have been paying my electric bill (rent includes utilities), I paid my full rent and they returned it, after they changed the periodic rental date, to have me out on the 15, instead of the first, as my agreement states lst to lst, saying they can do this because they have given me 30 days. Can they change this date to their desires? This electrical problem was reported to them on the 1/3/04, they put me on an extension cord with 5 surge plugs for my needs,on 1/4/04, and served me Notice to terminate on 1/11/04, noting to pay a pro rate amount on 2/1/04 so to cover payment up to 2/15/04, when they want me out. This is just a short essay, email me is you want the entirety. Don't get me wrong, I do want to move, now for the pity party part, and the landlords also know this, I was laid off Jan.2,2004, (one day before this all this surfaced) now rec. UI, and Jan 9,2004 my credit cards, bank cards, ID was stolen/missing/misplaced, which I am dealing with as I type this. But thats another forum.. Needless to say this year is not starting out to well for me.!!

Any help would be greatly appreciated, being this is the 15th and I haven't heard a thing yet, and Monday being a holiday gives me one more day. Does this retaliation law play any part of this for my side???

All I need is a few more weeks, financially and to find a place to move into.
 
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P

Pfaffing85690

Guest
the notice is valid.

Since they notified you on the 11th of January to vacate, then you have 30 days from that date to vacate the premisis. However, that notice, although received on the 11th and requiring you to vacate in 30 days, is only valid from the beginning of the NEXT rental period.

So, if your current rental agreement states "from the 1st to the 1st" you must vacate on the 1st of March.

I am not a real estate attorney but one will comment soon and if I am wrong they will correct me.
 

Souix

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

What does this law mean in a month to month rental agreement in Arizona? Sounds like it doesn't hold up for much with the threads I have read.

Az. Residential Landlord and Tenant Act
Arizona Revised Statutes Title 33, Chap 10
updated with laws effective Aug. 22, 2002.

Article 5. 33-1381. Retaliatory conduct prohibited.
A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for posssion after any of the following:
1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation affecting health and safety.
2. The tenant has complained to the landlord of a violation under 33-1324 (Landlord to maintain fit premises).
3. The tenant becomes a member or tenants union or similar organizations.
4. The tenant has complained to gov. agency for enforcement of the wage-price stabilization act.

the rest tells the effects of violaions.

So am I not in this catagory, when everytime I, in writing, asked for something to be done or fixed which affects the health and safety of my living, and the only response I get from the landlord is a "Notice to terminate month to month tenancy" because this has happened 8 times in the last 9 months, and the one remaining is requesting me to renew my agreement with a $60.00per month rent increase. And with those 7 notices I have paid rent on the first as normal and they accept the payment. Except this last month, after they learned that my electrical is wired into upstairs box, and tenants upstairs have been paying my electric bill (rent includes utilities), I paid my full rent and they returned it, after they changed the periodic rental date, to have me out on the 15, instead of the first, as my agreement states lst to lst, saying they can do this because they have given me 30 days. Can they change this date to their desires? This electrical problem was reported to them on the 1/3/04, they put me on an extension cord with 5 surge plugs for my needs,on 1/4/04, and served me Notice to terminate on 1/11/04, noting to pay a pro rate amount on 2/1/04 so to cover payment up to 2/15/04, when they want me out. This is just a short essay, email me is you want the entirety. Don't get me wrong, I do want to move, now for the pity party part, and the landlords also know this, I was laid off Jan.2,2004, (one day before this all this surfaced) now rec. UI, and Jan 9,2004 my credit cards, bank cards, ID was stolen/missing/misplaced, which I am dealing with as I type this. But thats another forum.. Needless to say this year is not starting out to well for me.!!

Any help would be greatly appreciated, being this is the 15th and I haven't heard a thing yet, and Monday being a holiday gives me one more day. Does this retaliation law play any part of this for my side???

All I need is a few more weeks, financially and to find a place to move into.

***Did you complain to a governmental agency as listed and documented it? Or did you just complain to the the landlord?***
 
C

CA. LL

Guest
>>>
Pfaffing85690 said:
the notice is valid.

Since they notified you on the 11th of January to vacate, then you have 30 days from that date to vacate the premisis. However, that notice, although received on the 11th and requiring you to vacate in 30 days, is only valid from the beginning of the NEXT rental period.

So, if your current rental agreement states "from the 1st to the 1st" you must vacate on the 1st of March.

I am not a real estate attorney but one will comment soon and if I am wrong they will correct me.
<<<<

I'm thinking if the notice to vacate has the actual date of 2/15/04 written on it to vacate by, the notice is invalid on it's face and the landlord may have to begin again until he/she can get it right. Also, if they refused the OP's rent payment and/or half of it for the month of 2/04 they may have just waived their right to it.

Writer,

Consult a local attorney ASAP about this notice issue. You could possibly force them to 'try it again Sam' meaning they may need to serve you another notice to vacate for let's say 3/31/04
 
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HomeGuru

Senior Member
Writer, presuming you notified L in writing of the needed health and safety issues, you should have filed a small claims action once you got the notice to terminate.
And also filed complaints with the municipal building inspection and health departments.
Then in court, prove retaliation.
Yours is a good case if you followed 5:33-1381.
 

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