my shower has been competly clogged for 11 days and my landlord has yet to fix the problem what can i do?

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my shower has been competly clogged for 11 days and my landlord has yet to fix the problem what can i do?

It has been 11 days since our shower has been completly unusable although my landlord has came a few times to work on it he has not fixed it. He has refused to call a plummer and even incinuated evicting us if we did. I dont want to have to move I just want a working shower

Asked on May 22, 2009 under Real Estate Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

According to ARS Section 33-1324,  the landlord shall:

1. Comply with the requirements of applicable building codes materially affecting health and safety.

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

3. Keep all common areas of the premises in a clean and safe condition.

4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection...

In part, Section 33-1361 of the ARS provides:

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days.  If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:

1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.

2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.

B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.

C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.

D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.

Bottom line, your landlord has got to provide a working shower.  If he doesn't you have a right to terminate the lease, get your security deposit back and recover damages.

If you can explain all of this to him, perhaps he will more readily fix the problem by calling in a plumber.

If not contact legal aid.  If there is a law school nearby, call to see if they have a clinic that handles these types of things; typically they do.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My first piece of advice is to call a local landlord tenant attorney because you are entitled to a working shower. If you do not want to proceed in that direction because you want to salvage the relationship you need to be very stern with the landlord

you must locate your lease and see what it states, it should state what you are responsible for and what he is as well as that you are entitled to being able to use the property and all the aspects i.e. working shower

if he refuses to fix it you should consider beginning an action for failure to abide by the terms of the contract. you also should be entitled to a reduction in rent or a month pro-rated for the days the shower didn't work.

it really is up to you as to whether you want to proceed as it may cause the relationship to sour but if you want the shower fixed it may be your best option. you also can speak to him explain the situation what you are thinking and see how that goes


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