Breaking lease due to unsanitary conditions

[lathaler]

I live in Tucson Arizona and just moved into a house on the 1st of this month. This house has a slew of minor problems that should have been taken care of before we moved in. There is also one major problem and that is the plumbing. Yesterday we could not use the bathrooms or showers because there was feces backing into the shower. We kept calling the realtor and maintance guy and they ignored our calls for over 6 hours. They finally did show up and got some clog out but they did not fix the real problem. They told us to not flush toilet paper down the toilet for a month. We have tried to get a hold of the corporate office but they are ignoring us also. We have taken lots of pictures of everything. There are also roaches. My friend talked to an attorney and he said to write them a letter with everything that is wrong (including the minor stuff) certified mail with return receipt and give them 5 days to fix it. If they don't then I can get out of my lease and get my money back. Is there anything else I can do? I did do that but do my chances seem good to get out without penalty? I just want to leave. These people ignore us and don't want to help.

Your friend is wrong. You cannot insist that minor problems be fixed within 5 days. Only major problems that affect habitability or safety need to be fixed within that period. "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." Emergency repairs, like total plumbing stoppages, need to be fixed within those 6 days. Minor problems that do not fall under the statute listed need not be corrected. Exactly what type of minor problems are you talking about? Cosmetic problems or those that don't affect your ability to use the property do not require repairs. Those that affect the ability to live in the house must be fixed. Please list the requested repairs.

If the house is a single family house, you need to look at your lease to see who is responsible for pest control. In many leases, the tenant is responsible if the house is for only one family. The LL is responsible if it is a multiple family house. Check your lease to see. If it is silent on it, put extermination in the letter I will describe in a minute.

For emergency repairs, call the LL. He has 5 days to fix the problem. (Follow up by putting it in writing or you would be unable to terminate if he doesn't fix it - that statute requires the request in writing.) For all other necessary repairs, he may have a much longer period to repair. These are not emergencies, do not affect health or safety, and he can schedule a service call when a repair person is available. You can check state law to see if it lists a specific time period (I couldn't find one), but most states just say a "reasonable" amount of time. Five days for non-emergency repairs is not reasonable. Contractors are booked up far longer than that.

For repairs that need done, write the LL a letter listing what repairs need done and why. Send it to him by certified mail, return receipt requested, and keep a copy of the letter and the postcard that comes back (proving receipt). If the LL does not repair emergency items within the 5 days specified in your law, or non-emergency items within a reasonable time (may be up to 30 days) you must write him another letter. "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." So, list exactly what needs fixed again and give a termination date of 10 days after he receives it. Send it the same method.