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Our AC unit has been constantly dripping and even pouring water

onto our floor. We have...
Our AC unit has been constantly dripping and even pouring water onto our floor. We have made half a dozen maintenance requests to get it fixed, however every other week it starts up again. Does this type of problem constitute grounds for us to break our lease without penalty?
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Answered in 5 minutes by:
7/27/2013
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,469
Experience: Attorney over 17 years, landlord 26 years
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Is this a window unit or an outside central unit?
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Has mold or mildew started to grow due to the leak?
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Is it interfering with your use of the dwelling?
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Has it made the dwelling uninhabitable?
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Thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

It is a central unit with the main vent panel inside our unit on the ceiling in the hallway leading to our second bedroom, bath, and washer/dryer. We are not sure about the mold or mildew but worry since the carpet is always damp even though we have storage tubs lining the area to catch the water. Yes, it is interferring with us getting to the bedroom, bathroom and using our washer and dryer. It has not made it uninhabitable but it is an extreme inconvenience and annoyance since we have to move the tubs to access those areas, and worry that they may fill up while we are at work during the day, and are constantly having to put in requests to come out and fix it again. We also wonder if this allows us to withhold paying rent until it is fixed for good?

Ok, it sounds to me like the drain plug on the condensate pan is clogged by something.. Often this happens when mildew or mold will grow in the line since it is warm and damp. The fix is to ramrod out the condensate drain line to ensure that it is draining properly.
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But that is beside the point...In AZ when the landlord won't or can't fix problems, then the tenant has several options that they can pursue once they send the landlord written notice of the problem and demand that it be repaired.
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According to the AZ Attorney General, you have the right to give the landlord a 10 day written notice to repair the problem or you will terminate the lease and move. You would need to send the notice certified mail so you have proof of delivery for later evidentiary use if necessary. Then if the landlord doesn't repair it permanently (not just a temporary rigging) within that 10 days, then you have the right to terminate your lease and move without any negative recourse from the landlord.
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This is a link to a guide put out by the AZ Attorney General along with a template form for requesting repairs with the 10 day deadline you can print out and deliver to the landlord. The form you want is Form B on page 37. It will open as a PDF file and you can scroll down to the bottom to find the form.
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https://www.google.com/url?sa=t&rct=j&q=&esr c=s&source=web&cd=3&ved=0CDoQFjAC&url=https%3A%2F%2Fwww.azag.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2Ffiles%2FTenantRightsResponsibilities.pdf&ei=6T_0Ud_qIcT4yAG5x4HIAw&usg=AFQjCNFXk0gfZ9CawEffCKmbSqWopy8t2A&sig2=df4cGLtRUugoCbuvb1bycQ&bvm=bv.49784469,d.aWc&cad=rja
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,469
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,469
39,469 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

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