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About a week ago me and my family were asked to leave

Customer Question
Hi about a week...

Hi about a week ago me and my family were asked to leave because of plumbing issues mold, leaks. The water was turned off; 2 restrooms were to be demolished and rebuilt. so we were forced to stay with family and /or hotel. By law landlord required to compensate us for the fees/inconvenience?

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?

All I know is there supposed to keep the home livable with water electricity heating cooling

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

Well we moved in on the 29th of sept and had leaking from the master bathroom to the that went through the walls to the master room as well as front bathroom sink was leaking and half the kitchen sink leaking at move in. We called they came to look at it and they set up fans and they told us all to share the 1 front bathroom. After a couple days they came back and told us there was mold and that they needed to shut off the water demoli demolish and rebuild & we had to leave the next morning. This was Wednesday as of now the demo is done they won't answer out calls to know when they'll remodel?

Submitted: 9 months ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
10/16/2017
Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,461
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you

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Lawyer: Legal Eagle, Lawyer replied 9 months ago

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement. In your case, if there exist issues with plumbing, mold, leaks, and the water being shut off, and the landlord asked you to leave without having a reason under contract to do so, this is also going to be considered a constructive eviction.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions.

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Customer reply replied 9 months ago
Well a big question is; if I've had to leave my home and stay at a hotel is the landlord/property management required by law to pay/reimburse us the hotel fees? Also these damages were found on the first day of move in & not damaged by us.. I'm assuming it was fine by previous renters ?
Lawyer: Legal Eagle, Lawyer replied 9 months ago

Yes. Those would be considered "consequential damages" under the law. These are damages that are reasonably foreseeable and objectively certain. It is normal that a person may have to find a hotel and pay for other items as a result of their inability to keep the place habitable. Whether it was done by the previous renters is not totally relevant, because the landlord has a duty to make those repairs ASAP. Did you have other questions for me?

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Customer reply replied 9 months ago
We're would I find the legal act of the landlord responsibility to pay hotel fees ?Can we ask landlord to be prorated the days of not living in the home & the amount bar deducted to our next rent bill ?
Lawyer: Legal Eagle, Lawyer replied 9 months ago

You may want to consider just sending a formal demand letter to the landlord and cite the Arizona landlord tenant act. .For just $5, you and I an exchange contact information and have some private question and answer time. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared demand letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

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