What to do if our manager is trying to evict us because we haven’t paid rent but they won’t fix anything?

My family has been living in our apartment for 10 months. Since we moved in there were a lot of problems with the apartment. We have said something to the manager many times; I have even give him a written list of everything. Yet, still nothing has happened. We haven’t paid rent this month because of it. I don’t have enoungh money to have someone else fix and take it out of my rent. Now he trying to evict us. What can we do?

Asked on July 26, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

If you don't have enough money to pay to have someone else fix the problems and deduct it from your rent, then you obviously don't have the money to pay the rent either, and that is why you are being evicted.  To understand your rights, read the Arizona Residential Landlord and Tenant Act, which is available online for free.  In particular read Article 4, ARS 33-1361 regarding noncompliance by the landlord with the rental agreement.  Pursuant to section B, you may be able to recover damages related to the landlord's noncompliance with ARS 33-1324, which requires him to make all repairs necessary to put and keep the premises in a fit and habitable condiction.


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