Results 1 to 2 of 2
  1. #1

    Default Sun City West Lease Problem for Construction Due to Lease Holder

    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"

  2. #2
    Join Date
    Mar 2013
    Posts
    16,758

    Default Re: Sun City West Lease Problem for Construction Due to Lease Holder

    You've got a real problem. What she "knew" is irrelevant.

    Every lease has an implied covenant of "quiet enjoyment." It is a common law right which means it doesn't have to be written in the lease and it doesn't have to be written in a statute. It is routinely enforced by the courts based on hundreds of prior case decisions.

    "Quiet enjoyment" isn't just about noise. It's about anything that prevents the tenant from peaceful enjoyment of the property rented to the tenant.

    Construction on the property can certainly prevent the tenant from peaceful enjoyment of the property and she could, theoretically, get an injunction against you to prevent the construction from taking place during her tenancy.

    You knew before you rented the place to her that you were going to do this. YOU should have put it in the lease that you retained the right to do it. You messed up.

    That you offered to let her out of the lease with no consequences is a good first step. But she incurred costs of moving from her previous location and I'm sure she's quite comfortable where she is now and isn't obliged to let you out of the lease.

    You can, of course, pay her to leave or reduce her rent. How much that will cost you is anybody's guess.

    From a legal standpoint, she is holding all the cards.

    PS: I have lived in AZ for 46 years and was a landlord for 20 of them. I know what I am talking about but you are free to consult an attorney.

    1. Sponsored Links
       

Similar Threads

  1. Quiet Enjoyment: Can You Break a Lease Over Construction Noise
    By anky in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-28-2014, 10:20 AM
  2. Breaking a Lease: Breaking a Lease Due to Construction
    By John81 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-30-2013, 07:49 AM
  3. Breaking a Lease: Can I Break a Lease Due to Construction Noise
    By Gxy616 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-20-2013, 11:34 AM
  4. Mineral Rights: Mineral Rights from an Inherited Lease in West Virginia
    By ken.t in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 05-24-2010, 08:32 PM
  5. Construction Not Finished in Time of Lease
    By matrixfan321 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-17-2010, 10:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources