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Justice4U
Justice4U, Attorney
Category: Legal
Satisfied Customers: 11314
Experience:  Broad base of legal experience.
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I am an Arizona tenent that needs help. My landlord has been

Customer Question

I am an Arizona tenent that needs help. My landlord has been verbally notified two weeks ago that my air conditioner is not working. They came once to do a temperary fix, It shut down that night. For a week and two days my pregnant wife and son cry its hot, and notify the landlord every day. They promised to be out on numorous days, and never show. I am going crazy, they lie and don't have any intention to get this done. What can I do, or who can i call, because they will only get to this when they feel like it. Please help.
Submitted: 5 years ago.
Category: Legal
Expert:  Justice4U replied 5 years ago.
Under ARS § 33-1324, the landlord has an obligation to make such repairs. You need to provide notice in writing specifically identifying the items in need of repair. Deliver the notice via certified mail. The landlord will need to have this completed relatively soon due to the extreme heat.

If the landlord fails to make this repair,you may file suit among other options. Be persistant. If you need local legal representation, contact your local legal aid office. Your area may or may not have such services. These office will provide free or low cost legal services.

Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only
Customer: replied 5 years ago.
By saying i can file suit among other options, what do you mean ? I can then hire a contractor to do the work with there rent, or court actions ? Im sure the landlord will just throw the letter away.
Expert:  Justice4U replied 5 years ago.
I appreciate your patience. The landlord must maintain the premises in accordance with ARS Section 33-1324. Failure to do so allows you to utilize the remedies available in ARS Section 33-1361, which is below. These include filing suit for injunctive relief which would result in the court forcing the landlord to remedy the situation, for damages which could include rent already paid and cost to relocate, and you may also terminate the lease. You can take such recourse cumulatively mneaning you can take some or all of these actions. See the portions in bold and underlined below, from: http://www.azsos.gov/public_services/publications/residential_landlord_tenant_Act/Residential.pdf.

ARTICLE 4. REMEDIES
§ 33-1361. oncompliance 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 includes false information
relating to 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 and 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 with section
33-1318 or 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.


Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only

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