"If you want to be free, there is but one way; it is to guarantee an equally full measure of liberty to all your neighbors. There is no other." - Carl Schurz

"The saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time." - George Sutherland
"Whenever a separation is made between liberty and justice, neither, in my opinion, is safe." - Edmund Burke

Monday, June 26, 2006

Tenants' rights in Arizona

Michael is having a dispute with his apartment complex's management. They have been renovating both pools, the clubhouse and the gym in preparation for a condo conversion for some weeks now, denying access to current tenants. The management has so far refused to discount Michael's rent in light of the unavailability of these facilities. Here is what I've found in Arizona's Residential Landlord & Tenant Act, Arizona Revised Statutes, Title 33, Chapter 10:

ARTICLE 1. GENERAL PROVISIONS

33‐1310. General definitions

10. “Premises” means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.

ARTICLE 2. LANDLORD OBLIGATIONS

33‐1324. Landlord to maintain fit premises

A. The landlord shall:

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

ARTICLE 4. REMEDIES

33‐1361. Noncompliance by the landlord

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, 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 ten days after receipt of the notice if the breach is not remedied in ten days... For the purposes of this section, material falsification shall include... the condition of the premises and any current services as represented by the landlord in writing as well as any written representation.

In Arizona, landlords and property management companies use the Arizona Landlord's Deskbook and they know exactly what their obligations under the law are. However, unless you make it clear that you know, they will play dumb. Every renter should know ARS33-10 backward and forward so they can avoid getting screwed.

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