Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hello all. In May of this year we had an irrigation line breakage that caused major damage to about 30% of the house I rent. The LL, through the insurance company, hired a restoration company to pull all the mold and dry rotted areas out. The restoration company was finished with the removal of the effected areas on July 15th. The LL then hired a handyman to do the repairs to the house ( drywall replacement and outside stucco patching and painting) July 16th. The same day the handyman was hired he started work. So far, the handyman has still not completed the job, over a month ago which he started. The handyman is a complete flake and shows up to work when he feels like it and this is the reason he is taking so long to finish. Last Monday (8/13) I asked the LL if he would just hire someone else to finish the job. I told the LL that he has done several no-shows on day's he was to be working.
On 8/13 the LL responded to me with an E-Mail saying that the Handyman will be there on 8/15 to finish the interior and exterior. His E-mail states that if he does not complete the repairs, he will then find someone else to complete the job. Low and behold, Thursday arrives along with the handyman. He installed the baseboards and some of the outlet covers but leaves to Home Depot to buy the remaining covers. Two hours later mister handyman calls me and tells me he will finish Saturday (yesterday).
So guess what? You guessed it, mister ol' reliable handyman does another no-show. I then E-mail the LL with the news and he responds saying "Im sorry that he's dragging the work out like this. I'll continue to stay on him until it's all done. Other than giving him $400 to get started I have not paid him yet and he wont get the money (which Im sure he wants) until the work is done."
I am glad that we finally have the 30% of the house back for our use (other than the outlet covers, no big deal). I can now un-pile my furniture and move it back to the area. I am upset that this project has dragged out for as long as it has and it seems my LL could give a rats *** of how long this is taking. How should I respond to him? Needless to say, I will not be renewing my lease come December. Someone said I should demand a mark down concession in rent for the months this project has taken due to not being able to enjoy the full use of the property. My whole reasoning is that the job is almost finished and I should just let it go, move on and hold on until December.
You were given advice on that thread and then, in your last post on that thread, said that you spoke with a representative of the AZ landlord tenant association who basically advised you there was nothing much legally you could do about it.
The only thing you can do is talk to your landlord and see if he'll agree to a compromise on your rent payments. I would disregard the friend who told you to "demand" anything as it seems there's nothing legally that you can "demand". Ask.
The AZ Tenants Advocates website does mention being able to deduct a portion of your rent if a casualty causes you to be unable to use a portion of the dwelling:
Alternative 2: To Partially Vacate and Not Terminate, Paying a Reduced Rent
Okay, so what if the premises are damaged, but you want to stay? In that case, under A.R.S. § 33-1366 you can vacate the part of your dwelling that is made unusable by the casualty, and your liability for rent is "reduced in proportion to the diminution in the fair rental value of the dwelling unit." As with termination, accounting for the reduced apportionment is calculated as of the date the tenant vacates the part of the dwelling unit.
There are two ways one might calculate this. First, on a square footage basis. And second, on an equivalency basis with rents for a dwelling that lacks the facilities of which you are deprived. Whichever method you choose, you had better be prepared to objectively substantiate your determination.
So you might be able to negotiate a deal with the landlord. He'll really get things fixed in a hurry when he discovers you can abate your rent by 30% or whatever lol!
I'd send him a nice letter saying that it's gone on so long, that you really feel it would be appropriate to get a rent abatement, which is allowed by AZ law. Then print out and highlight the above from the website. Tell him you don't want any hard feelings, but you think it's only fair.
I'd send him a nice letter saying that it's gone on so long, that you really feel it would be appropriate to get a rent abatement, which is allowed by AZ law. Then print out and highlight the above from the website. Tell him you don't want any hard feelings, but you think it's only fair.
The problem is that an Arizona Superior Court ruling requires a tenant to initiate action under A.R.S. § 33-1366 within a reasonable time period of decision making. The purpose of this was twofold; one was so the property owner could address it with the insurance company from the get go. The second was to prevent a tenant from using the property and claiming a reduction after the fact. I'm pretty sure the court established that you have to decide within a few days if it’s uninhabitable and terminate the tenancy, or partially uninhabitable and seek the reduction.
The problem is that an Arizona Superior Court ruling requires a tenant to initiate action under A.R.S. § 33-1366 within a reasonable time period of decision making. The purpose of this was twofold; one was so the property owner could address it with the insurance company from the get go. The second was to prevent a tenant from using the property and claiming a reduction after the fact. I'm pretty sure the court established that you have to decide within a few days if it’s uninhabitable and terminate the tenancy, or partially uninhabitable and seek the reduction.
Hmmmm. I didn't see that, but I'll assume you're right. Sound like you know what you're talking about .
I'd probably try it anyway. Maybe the landlord won't know that. Or the landlord might not want the OP to move out at the end of the lease, and will make a deal.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
.
