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My kitchen sink is broken and unable to be used for the last

Hi, my kitchen sink is...
Hi, my kitchen sink is broken and unable to be used for the last 5 days. My water heater is broken, we don't have hot water for the last 4 days. My Property Manager assigned handy man has not fixed it but keeps promissing he will come. It is 10:24 pm in Glendale Arizona and I have to wait up for him, he says he will be here at 11:30 pm to fix water heater.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: What can I do about this?
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that they have someone that does the work. I was instructed to deal with them directly.
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Answered in 16 minutes by:
11/17/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,000
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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The landlord is in violation of state law in AZ for not providing hot water as that would make the property uninhabitable under AZ Statutes 33.1324 which states the landlord has to:

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4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

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And under AZ Statutes 33.1361 it says your recourse here is:

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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.

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You can also sue the landlord for breach of contract for damages for failing to provide a habitable dwelling in small claims court and ask the judge to order him to pay you damages for not giving you what you are paying for.

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If you want immediate action, you can call the local Code Enforcement or Housing Inspector and have them out to inspect. They can cite the landlord for any violations and force them to make repairs.

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But your fastest recourse will be to just call the landlord and tell him that you are calling Code Enforcement tomorrow if they aren't out to fix the water.. Landlords hate dealing with Code as they can cite them for everything, even stuff you may not know is a violation..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...a good one..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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.

thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,000
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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Customer reply replied 25 days ago
Can I call local code enforcement AND You can also sue the landlord for breach of contract for damages for failing to provide a habitable dwelling in small claims court and ask the judge to order him to pay you damages for not giving you what you are paying for..

Yes, you can do both. And in fact if you call Code and get a nice report from them, that strengthens any civil case for damages as you have a professional agency report..

Ask Your Own Landlord-Tenant Question
Customer reply replied 25 days ago
Thank you!

You are very welcome. Happy to help any time.

.

Have a great evening!

Barrister

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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,000
39,000 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

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