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Old 02-06-2019, 06:54 AM
 
2,775 posts, read 3,758,830 times
Reputation: 2383

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Quote:
Originally Posted by MrRational View Post
That's an INSANE position to take (at face) even by AZ landlord standards.

And I suspect that this is NOT the actual law there.
Maybe one of the insane AZ landlords can illuminate what you report being told.


As to expecting a hotel bill (for a few nights?)... I'd tell you to pound sand too.
That this is just more of your passive aggressive preferences.

The WH replacement job would cost less and require no longer than a few hours.
So then, if toxic mold develops because the lazy a$$ landlord won’t even send one person out to look at the damages, that’s on me? No blame befalls this slumlord? Really?! Also, the day this happened (Monday) the water has been probably sitting for nearly 10 hours, the damage was already done. He should have sent out a restoration company to mitigate damages by cutting into the drywall to allow it to dry. He should have sent someone, ANYONE out. But no, he didn’t. And also, two hotel night stays isn’t something I’m complaining about, because this issue will probably go on and on for weeks. So I guess I’m the stupid person for not sucking it up and paying rent plus multiple days of hotel stays because my slumlord is a lazy a$$ scum bag. Sure whatever. My landlord tells me to “pound sand” I would sue his a$$ for my entire deposit plus whatever damages to my personal property that happened as a result of his negligence in remedying the flooding issue.
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Old 02-06-2019, 07:00 AM
 
Location: The Triad
34,088 posts, read 82,937,102 times
Reputation: 43661
Quote:
Originally Posted by jaredC View Post
So then, if toxic mold develops because the lazy a$$ landlord...
It's amazing how frequently this sort of landlord finds your sort of tenant.

Quote:
So I guess I’m the stupid person for not sucking it up and paying rent
plus multiple days of hotel stays because...
1) For not accepting responsibility for your CHOICE to remain there knowing the untenable circumstances.
2) Knowing the circumstances... for not solving the problem(s) when they show up.

The repair/replace of the the WH question is just the current trigger.
Not the underlying issue.
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Old 02-06-2019, 07:15 AM
 
10,746 posts, read 26,009,922 times
Reputation: 16028
When I woke up to a leaking hot water heater, I immediately turned it off, sent my LL a text and sucked up the standing water with my Bissell. Now I understand that not everyone has a carpet cleaner or shop vac on hand, but letting that standing water stand is on you. Go ask a neighbor for a shop vac, lay down towels.. do something! Standing there watching the water run and cause damage can be considered negligence in your part.

Your LL is also to blame.. my LL had a plumber out the same day to replace the water heater and also brought fans to help dry the carpet.

Thankfully, due my actions, there was zero damage to the unit and zero damage to my personal items.

Trust me, I get your frustration and I’d be pissed too if my LL acted like yours, but I wouldn’t be sitting there watching the mold grow.. I would’ve called someone myself ( assuming you can’t get a carpet cleaner or shop vac) and made sure my living environment was safe. You can always sue for the cost of cleanup.

Good luck.
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Old 02-06-2019, 07:20 AM
 
478 posts, read 417,755 times
Reputation: 1044
Quote:
Originally Posted by jaredC View Post
I spoke to my wife about it and we agreed on looking to move.

As for the water issue, we are currently without water, and have been since Monday. When I spoke to the Arizona Tenant Association they said that because I voluntarily turned off the water, the landlord isn’t responsible for reimbursement for the hotel stay. They then said that this is all on the landlord and I should have left the water on because it’s the landlords responsibility to mitigate damages to HIS property. They then said it’s such a sweet gesture of me turning off the water to prevent further damage, but they said that it is, once again, the landlords responsibility, and, that it is sad I’m willing to do more to mitigate damages to property that isn’t even mine.
However, there is the “reasonable” timeline to repair and restore habitability - I know AZ considers 48 hours reasonable for AC, you would think that water would be in that same boat (pun intended). I think you’ve got a repair and deduct case for the water heater, but the subsequent damage is likely a much longer-term issue.

The good news is that it’s AZ, so the likelihood of mild developing quickly is lessened, but it’s really going to be about documentation and follow up. I’d definitely start sending letters to him, as well as emails. You’re going to have a case when you start stacking up all the things that have happened in this rental.

Why do you feel that your deposit is forfeit? Do you have documentation of move in condition? Is there damage that you’ve caused or created? Heck, most likely he’s not going to follow the letter of the law in returning your deposit anyway, which will only strengthen your case down the road - although you’re likely going to have to go the small claims route in the long run. Still, that does recoup your savings and keep you on track for a purchase.

Do you have renters insurance? If so, your loss of use provision MAY provide for another avenue to defray your costs here for temporary housing that meets habitability standards.

Good luck with finding a solution, it does look like there was a reason this particular place was priced under market - which isn’t your fault.
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Old 02-06-2019, 07:24 AM
 
2,775 posts, read 3,758,830 times
Reputation: 2383
Quote:
Originally Posted by Kim in FL View Post
When I woke up to a leaking hot water heater, I immediately turned it off, sent my LL a text and sucked up the standing water with my Bissell. Now I understand that not everyone has a carpet cleaner or shop vac on hand, but letting that standing water stand is on you. Go ask a neighbor for a shop vac, lay down towels.. do something! Standing there watching the water run and cause damage can be considered negligence in your part.

Your LL is also to blame.. my LL had a plumber out the same day to replace the water heater and also brought fans to help dry the carpet.

Thankfully, due my actions, there was zero damage to the unit and zero damage to my personal items.

Trust me, I get your frustration and I’d be pissed too if my LL acted like yours, but I wouldn’t be sitting there watching the mold grow.. I would’ve called someone myself ( assuming you can’t get a carpet cleaner or shop vac) and made sure my living environment was safe. You can always sue for the cost of cleanup.

Good luck.
I’ve done the best I can to suck the water up. I had my brother in law stay here yesterday while I was at work to continue mopping the water up.
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Old 02-06-2019, 07:57 AM
 
478 posts, read 417,755 times
Reputation: 1044
Quote:
Originally Posted by jaredC View Post
I’ve done the best I can to suck the water up. I had my brother in law stay here yesterday while I was at work to continue mopping the water up.
I don’t see where you haven’t met a “reasonable” test for mitigating damage. Again, save the documentation you have of all of this.
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Old 02-06-2019, 10:33 AM
 
2,775 posts, read 3,758,830 times
Reputation: 2383
Quote:
Originally Posted by CalTex Ranger View Post
However, there is the “reasonable” timeline to repair and restore habitability - I know AZ considers 48 hours reasonable for AC, you would think that water would be in that same boat (pun intended). I think you’ve got a repair and deduct case for the water heater, but the subsequent damage is likely a much longer-term issue.

The good news is that it’s AZ, so the likelihood of mild developing quickly is lessened, but it’s really going to be about documentation and follow up. I’d definitely start sending letters to him, as well as emails. You’re going to have a case when you start stacking up all the things that have happened in this rental.

Why do you feel that your deposit is forfeit? Do you have documentation of move in condition? Is there damage that you’ve caused or created? Heck, most likely he’s not going to follow the letter of the law in returning your deposit anyway, which will only strengthen your case down the road - although you’re likely going to have to go the small claims route in the long run. Still, that does recoup your savings and keep you on track for a purchase.

Do you have renters insurance? If so, your loss of use provision MAY provide for another avenue to defray your costs here for temporary housing that meets habitability standards.

Good luck with finding a solution, it does look like there was a reason this particular place was priced under market - which isn’t your fault.
I’m just assuming I won’t get my deposit back due to the overwhelming number of people that posted online about how this company took their deposit. Also, yes I do have renters insurance.
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Old 02-06-2019, 10:42 AM
 
2,775 posts, read 3,758,830 times
Reputation: 2383
Quote:
Originally Posted by CalTex Ranger View Post
I don’t see where you haven’t met a “reasonable” test for mitigating damage. Again, save the documentation you have of all of this.
I will. I took pictures and videos.
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Old 02-06-2019, 11:09 AM
 
2,775 posts, read 3,758,830 times
Reputation: 2383
Quote:
Originally Posted by MrRational View Post
It's amazing how frequently this sort of landlord finds your sort of tenant.

1) For not accepting responsibility for your CHOICE to remain there knowing the untenable circumstances.
2) Knowing the circumstances... for not solving the problem(s) when they show up.

The repair/replace of the the WH question is just the current trigger.
Not the underlying issue.
Your biased pro-landlord opinion makes me sick. Yet you believe, in your warped view of the world, that landlords are NEVER in the wrong. And even in my situation, I am still to blame. Lol.
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Old 02-06-2019, 11:11 AM
 
Location: The Triad
34,088 posts, read 82,937,102 times
Reputation: 43661
Quote:
Originally Posted by CalTex Ranger View Post
I don’t see where you haven’t met a “reasonable” test for mitigating damage.
And if mitigation were the only aspect of the situation... he'd be golden.
But that isn't getting the hot water back on. Is it?
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