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  1. #1
    Join Date
    May 2007
    Posts
    2

    Angry Re: Quiet Enjoyment Breach

    I live in a duplex in Tucson AZ. The landlord ( which is a managment
    company) allowed a group of young men to move into the unit next to me
    about 1 month ago.
    They play loud music all times of the night and have blocked my driveway.
    When I try to speak to them they ignore me and have a hostile attitude. I reviewed my lease and it states that I have the right to "quiet possession".
    Recently, I sent a certified letter to the landlord detailing the new tenants behavior and requesting that action be taken on my behalf.
    Also, just 1 month before moving in the new tenants the landlord sent an erroneous notice that I had not paid rent. Actually, I had pay in advance but due to their poor recordkeeping they had not noted that I had obtained the "special" when I moved in, which entitled me to 1/2 off my rent for the first month. I strongly suspect that they would like for me to move. If the landlord does not take any action would I be liable for rent if I vacate the property before my lease expires in August 2007. Could I claim constructive eviction in court

  2. #2
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Problems With Neighbors

    Here is some interesting news for Arizona leasers.

    2. THE BAD LANDLORD

    Your landlady has turned out to be your worst nightmare. She never fixes anything unless you make dozens of requests and then has her own "handyman" do the least possible to make largely inadequate repairs. She drops in unexpectedly and tries to impose all kinds of new "rules" that you weren't told about when you moved in. Her obnoxious son is your neighbor and he plays his stereo at top volume day and night, but she refuses to make him quiet down.

    If your landlady has breached the lease, you may be able to terminate your lease without liability. You must write her a letter specifying the breaches -- repairs not made, the imposition of new rules, and the noise problem. The letter must be hand-delivered or sent by certified mail and must give her 10 days to rectify the problems (5 days if it involves health or safety issues) and state that if the problem isn't taken care of within that time, your lease will terminate as of a specific date. (See the Arizona Landlord Tenant Act, Arizona Reveised Statutes Section 33-1361(A) and Sample Letter #12, both found in the Renter's Handbook.)

    Assuming the problems aren't solved within the 10 days, you may move out and stop paying rent as of the date you specified in your letter. Your landlady must treat your security deposit as though you had moved out at the end of your lease. Make sure you demand the return of your deposit and give a written request that it be mailed to your new address.

    This strategy is not risk free. You have made a unilateral declaration that your landlady is in breach of the lease. She will probably take the position that you have broken the lease. This dispute may have to be resolved in court. You are still better off following this procedure, because it gives you a defense to the allegation that you broke your lease. If you just move out in frustration, you have broken your lease and are responsible for the rent until a new tenant is found, no matter how many provisions of the landlord tenant act your landlady violated.

    HERE IS THE SITE IT IS FROM.

    http://legal.asua.arizona.edu/breakls.html

  3. #3
    Join Date
    May 2007
    Posts
    2

    Thumbs up Re: Problems With Neighbors

    thanks for the advice and reference materials

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