My question involves a consumer law issue in the State of:
Arizona, Sun City West
We have a signed lease until Jan 31 2019.
We wish to build a casita onto our property ($70k+) and then add an entertainment patio (40k+)-- entire entertainment patio addition
Person who signed lease wants us to lower her signed lease payment $100 per week while building, we said $100 per month.
Doesnt matter to us if she stays or leaves (break the lease with no penalties) we have offered but we've already paid the contractor to start the build immediately.
In the end the property will be greatly enhanced (of course) and she would have ability to use the new additions, patio etc AND we've said we would extend her contract until Dec 31, 2019. She say NO BUILDING while she is leasing??
Yes, she did know before she moved in we were planning on patio addition (but it is NOT in writing on the rental contract). And, she sat out on the back patio with my husband and myself as we were at our home staking out and measuring where the casitia and patio edges would be. This was a known build that was to take place. And, I DO have a text/email to the property manager in May of 2017 saying we need to REMIND the new tenant (sorry spell check problem with email calling it remnants) of the patio addition when she moves in on August 1st:
"We WILL need the cooperation of new remnants (tenant) while we place in a new patio. If you know someone to draw up various plans the lets get on it and we are ready to put in $30k for a dream patio immediately.".
So... as a owner am I able to continue the building project. This project enhancement should NOT hurt the premises she is living in and the casita is 15-16 feet away from the home she occupies. The closest thing in the signed contract having to do with this situation is listed below:
"Vll. REPAIR AND MAINTENANCE.
The Landlord(s) shall at all times keep the premises in a fit and habitable condition, particularly maintaining in good working order, all plumbing (excluding water softeners), electrical and mechanical facilities which are one and a part of the premises"