Legal Question in Landlord & Tenant Law in Arizona

about the parking rules, lease states that we may have unauthorized or illegallly parked bheicles towed under an appropriate statute. a vehicle is unauthorized or illegally parked in the apartment community if it:

1. has a flat tire or other condition rendering it inoperable; or

2. is on jacks, blocks or has wheel(s) missing or

3. has no current license or no current inspection sticker; or

4.takes up more than one parking space; or

5.belongs to aresident or occupant who has surrendered of abandoned the apartment; or

6.is parked in a marked handicap space without the legally handicap insignia; or

7.is parked in a space marked for manager, staqff, or guest at the office; or

8.blocks another vehicle from exiting; or

9. is parked in a fire lane or designated "no parking" area; or

10. is parked in a space marked for otherresident(s) or unit(s); or

11. is parked on the grass, sidewalk, or patio; or

12. blocks garbage trucks access to a dumpster.

i took photo's of these violations to the office and they say these are not for immediate towing buut the lease does not state this., my truck was towed on friday night and i lost work on saturday and had to pay 125.00 to get my truck back and lost 95.00 for the days pay. one other tennant was parked in a marked handicap space and for got to put up his handicap sticker in his mirror and he got his truck back at no cost.

my question is why can the office choose which of their rules they want to enforce and which rules to ignore, i have also asked for my tile in my kitchen and dining area to be repaired several months ago and to date nothing has been done about it. and i also informed them about the trash being thrown in fron of my apartment and in my truck they were to put out notices about this and yet nothing has been done, and the wall outside my bedroom has been torn up th where the stucco has been ripped off of it and the paper and wood is showing and the office ladies said dont worry about it there is cinder blocks behind it i dont like the feeling someone trying to dig thru the wall where i sleep and my screen has been tampered with and two of my cinderblocks have been stolen that stablize my satilite dish and frame and no one cares about these things., what is a renter to do about this.


Asked on 10/27/09, 12:04 am

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

You should refer to the AZ Landlord Tenant Act. It is the controlling law, unless the lease provides something different and the lease provision is legal under the law. You may have the right to terminate your lease, you may have the right to withhold your rent until repairs are made and you may have a claim for damages if they towed your truck illegally. You should consult with counsel.

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Answered on 11/01/09, 6:30 pm


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