Apartment Rented with Broken A/C Unit, and Other problems, Advice? (Mesa: real estate, apartment complexes)

[Nana4444]

Hi Everyone,
My family and I recently moved to Arizona, we rented an apartment in Mesa, not knowing very much about the area . However it's something we can work with if we have to. We filled out our move-in inspection, and pointed out A/C was not working, and washer and dryer had the wrong plug in. No way to plug it in. It was 7 days before maintenace came and lo and behold, they said no one should've been moved in because the A/C was in fact broken, they fixed it that day but the thermostat inside is also broken and I now need to create a work order thanks to citing the clause on 48 hrs notice. Please don't take this the wrong way, we are willing to stay here if we have to, but does this give us legal reason to BREAK THE LEASE AGREEMENT? It has been in the hundreds inside, and we just can't spare the $$ to move into a hotel temporarily. I called Arizona Tenants and they said it was a violation of Non -Constructive Delivery. Among other things:

*The Bathtub had paint that has bubbled up and ripped off in the 14 days we've been here, there's also tiny nails that cut my daughters legs.
*The exhaust fan above the stove doesn't work(though it is brand new from the looks of it)
*The patio door doesn't open correctly, or close properly.
*The washer and dryer have the wrong plug in, we pay $30 extra for that convenience.
*We didn't know the area was pretty shady.

I don't like maintenance guys in my apartment, especially for things that should've been in working order when we got here, so if you guys can help a gal and her family out and let us know if there is legal grounds for contract termination or even rent reduction due to the heat especially, I would REALLY appreciate it.Thanks!!

P.S. Sorry it's so long.
Moderator cut: snip

[Kimballette]

Originally Posted by Nana4444

Please don't take this the wrong way, we are willing to stay here if we have to, but does this give us legal reason to BREAK THE LEASE AGREEMENT? It has been in the hundreds inside, and we just can't spare the $$ to move into a hotel temporarily. I called Arizona Tenants and they said it was a violation of Non -Constructive Delivery.

Why on earth did you move in after finding so many problems? An internet forum is not the appropriate place to seek legal advice.

[Nana4444]

We looked at a model unit, and we really couldn't have known about the bathtub, that started to peel and bubble up after a couple of baths, I doubt if we would've turned on the exhaust fan even if we had seen the actual apartment. We didn't assume the A/C was broken, being in Arizona and all, and the washer and dryer are pretty heavy, I doubt we would've thought to look back there had we had the chance as well (though we will in the future ) but please if I can have suggestions on our situation that would help us out seeing as we are already in. Thank you.

[gobrien]

You should post this in the Real Estate/Renters forum. They also have links to landlord/tenant rules per state in one of the "sticky" threads.

[ReadyFreddy]

I have a feeling any legal grounds you have are spelled out in your lease.

There's a model unit? Does that mean this is an apt. complex, not an individual landlord situation? You might have better luck pleading your case to the people in the rental office. I think the lack of A/C is about all you can expect compensation for. The seedy area was there when you rented and the rest sounds like minor inconveniences they can still fix. If you'd moved to a motel for the duration of the broken A/C, after giving them reasonable notice of it being broken and them not responding, you might be able to convince them to give you a break on your rent for a few days' worth. I don't think you will get a free month or just completely released from your lease, though. .

Where's the apt.?

[autism360]

There are many apartment complexes but few management companies if you find out who the management company is you can make a complaint to them directly which should make things happen.
What is the name of the apartment complex?

[Zippyman]

If you read the az landlord-tenant law, I think you'll find that the landlord is given a "reasonable" amount of time to fix major issues. For the a/c, that is generally accepted to be up to ten days after you've notified the ll in writing of the issue- if you don't follow the law to the letter, you can expect to get sued by the ll for breaking the lease. The law isn't very tenant friendly & I'd caution you to read it for yourself before taking any advice you might get in the renting forum.

Just from reading your story, I'm not seeing anything that qualifies as a major issue under az law except the a/c, and even that wouldn't qualify unless you notified the landlord properly & waited for the correct period of time.

[Steve Pickering]

If you already called Arizona Tenants and got an answer, why are you asking legal advice on a forum?