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I am a tenant in Arizona. The air conditioners in my

Customer Question
apartment and my neighbours' apartments...
I am a tenant in Arizona. The air conditioners in my apartment and my neighbours' apartments are extremely noisy. They literally make the floor of my apartment shake in the night. My family has been losing sleep for weeks. However, the landlord insists that these ACs are in good shape and refuses to do anything to fix them. What should I do?
Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 day by:
5/31/2018
Lawyer: Josie-Mod,
 replied 2 months ago
Josie-Mod
Category: Landlord-Tenant
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 2 months ago
I will just wait. But can you refer this question to some experts?
Lawyer: Lori, FL attorney replied 2 months ago
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,420
Experience: Real Estate attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Give me a moment to review and type my reply.

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Lawyer: Lori, FL attorney replied 2 months ago

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call someone to fix the a/c) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. The condition you describe is a issue and does not comply with your right to quiet enjoyment of the property -- which constitute breaches of the implied warranty of habitability.

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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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