How to determinr if my complex broke my lease?

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How to determinr if my complex broke my lease?

They took almost four weeks to fix my mailbox and never called me when they did finally. My car tags were in my mailbox, and they towed my car for having improper car tags while I was on vacation. They did remove the charge of the towing and storage from my next month’s rent, but that didn’t include me being late to work and having to not have a car for 3 days as the lot was closed. Also, when I signed my lease, the agent told me I’d never have someone enter my apartment without my permission. I was contacted a few weeks ago for a semi-annual apartment check. Also, the security patrol (contracted outside by management) has been called by me twice and never returned; 911 maintenance line is busy.

Asked on December 14, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Landlords have a right to enter apartments, on proper notice, for maintenance, inspection, or to show to prospective renters or buyers, so you have no claim against  them for this.

You may have a claim for any lost wages for being late to work due to the negligence in regards to your mailbox, but you can only sue for actual lost wages or other out of pocket losses (and will have to sue if they don't choose to pay you voluntarily)--there is no recovery or compensation for inconvenience.

Similarly, the failure of their security patrol to respond may be a breach of the lease or of the implied warranty of habitability, but again, unless you suffered some quantifiable loss or damage, you would not have a viable lawsuit or claim.


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