Legal Question in Landlord & Tenant Law in Arizona

I have no idea what to do, so any advice would be awesome.

My fiancee and I have lived in our house for just under two years now. We've always paid our rent, sometimes late, but we always paid any late fees our landlord asked. When things break around here, she says she cant afford to fix them, so we've had to. For instance, she wanted us to keep the pool filled even though she couldn't replace the filter. So, new filter. The air conditioning broke. So we fixed it several times. The carpeting was ruined when we moved in, and we recieved permission to replace it when we first moved in. So, we are in the process of putting down wood flooring.

Well, last month she came over while my fiancee was replacing the hot water heater, and had the water off. There is a house behind us that she is remodeling, and she needed the water on. Long story short, she shoved past my fiancee to get into the house, and flipped out about the carpet being replaced. Who wouldn't? It's half done and looks it. Which is why we hadn't shown her any recipts yet.

She called the police for the water being off. The officer came, my fiancee told him what had been happening, and the water had been turned on by then. The officer then told her to stay away from us and our house, because when we're leasing it, it's ours.

This morning, she came over and asked my fiancee why the water wasnt working. He told her it was on here, so it should be on at the other house. When he went to check everything out for her, she snapped a picture of him and said "You know you're not supposed to be messing around in there."

Now, she has the water company here, and the problem is by the other house- not ours.

Last month, we paid her almost $1,000 to stay here, as well as made our roomates get rid of their trailer that had been here for over a year. Now, it's the flooring, and she's faking pictures.

What can we do about this? We didnt get anything in writing, so I know that's not gunna help us. And we aren't taking fake pictures.

I have a sample of the previous carpeting, tons of recipts, and even more witnesses. I have proof that this house is unsafe to live in, and we've been fixing it. The previous tenant can vouch for us in all of these things. I just need to know where to start.

Any ideas?


Asked on 8/02/11, 10:16 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The situation you describe is complicated by the many issues involved. It is clear that you need to have a written agreement/lease with the owner so that it is expressly stated and enforceable, who is responsible for repairs, maintenance, rent, default, etc. etc.. The alternative is for you to find another place to live and move out. You may have a claim against the landlord for the money you paid to repair and replace items, or at least a credit against rent, but you have not provided enough information. You are subject to the AZ Landlord Tenant Act and can read a copy at any Justice Court in the county. I am available to confer with you on this matter for a fixed fee, and there is no further obligation to hire me.

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Answered on 8/02/11, 10:42 am


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