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The situation if the City of Lake Havasu rents hangars at…

Customer Question
The situation if the...

The situation if the City of Lake Havasu rents hangars at the local airport and some of the hangars are infested with termites. The City is contending that they have no responsibility to correct the situation. What law covers this situation?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Arizona

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Just a simple month to month lease with nothing spelled out about maintenance

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I am aware of

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
9/28/2017
Lawyer: legalgems, attorney replied 10 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,944
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 10 months ago

Here is the statute:

33-343. Premises rendered untenantable without fault of lessee; nonliability of tenant for rent; right to quit premises

The lessee of a building which, without fault or neglect on the part of the lessee, is destroyed or so injured by the elements or any other cause as to be untenantable or unfit for occupancy, is not liable thereafter to pay rent to the lessor or owner unless expressly provided by written agreement, and the lessee may thereupon quit and surrender possession of the premises.

So if the lease does not address the issue the statute would control, which allows the tenant to terminate if the infestation renders the unit unfit.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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