Rescue Rooter

[gryndor]

What is the name of your state (only U.S. law)? AZ

My master bathroom's shower stall was blocked. I got to the point where my shower could only run for 5 minutes before threatening to flood the bathroom. I tried to snake it out myself, used the plunger, and I could tell that there was a massive smelly blockage in the pipe. I called my property management contact and left a message. This was back in March. He never returned any of the three calls, so with my April rent, I stapled a letter to my rent check describing the issue. I heard nothing from them but they cashed my rent check. Shortly thereafter I mailed a certified letter to their offices, that sat ignored and was finally returned to me. I late April I discovered many silverfish crawling out of my drain, and I woke to one crawling on me. I called a plumber the next day.

I sent a copy of the receipt from the plumber, an explanatory letter and my May rent check minus the plumber's charges all together. They cashed my rent check and then waited until today to email me regarding this issue. My contact at the property management office, Ross, said that my rent check was less than he expected and he needed the balance right away. I explained to him the last couple months of trying to contact him, and he said this was a complete surprise and that he was not going to absorb the cost of these plumbing charges. I sent him the letter and receipt that I included in my May rent, and the verbiage of the certified letter, as well and screenshots of the multiple calls I made to his cell phone, office phone and reception desk before he changed his tune and admitted to receiving my letter with the receipt, but absolutely nothing before that.

Now he is threatening to evict me if I don't pay the plumbing charge...

What should I do at this point? I have heard everything from let him pound sand to start packing your things...

Gryn

 

[tranquility]

How much did the repair cost?

 

[gryndor]

How much did the repair cost?

$239.00, and I managed to get $45 knocked off, as it was originally supposed to be $284.00

 

[sandyclaus]

What is the name of your state (only U.S. law)? AZ

My master bathroom's shower stall was blocked. I got to the point where my shower could only run for 5 minutes before threatening to flood the bathroom. I tried to snake it out myself, used the plunger, and I could tell that there was a massive smelly blockage in the pipe. I called my property management contact and left a message. This was back in March. He never returned any of the three calls, so with my April rent, I stapled a letter to my rent check describing the issue. I heard nothing from them but they cashed my rent check. Shortly thereafter I mailed a certified letter to their offices, that sat ignored and was finally returned to me. I late April I discovered many silverfish crawling out of my drain, and I woke to one crawling on me. I called a plumber the next day.

I sent a copy of the receipt from the plumber, an explanatory letter and my May rent check minus the plumber's charges all together. They cashed my rent check and then waited until today to email me regarding this issue. My contact at the property management office, Ross, said that my rent check was less than he expected and he needed the balance right away. I explained to him the last couple months of trying to contact him, and he said this was a complete surprise and that he was not going to absorb the cost of these plumbing charges. I sent him the letter and receipt that I included in my May rent, and the verbiage of the certified letter, as well and screenshots of the multiple calls I made to his cell phone, office phone and reception desk before he changed his tune and admitted to receiving my letter with the receipt, but absolutely nothing before that.

Now he is threatening to evict me if I don't pay the plumbing charge...

What should I do at this point? I have heard everything from let him pound sand to start packing your things...

Gryn

I think you are going to have to eat the cost on this one.

While Arizona LL/T law does allow for a repair and deduct remedy, you did not follow it. Here is a summary of the law:

Self-Help for Minor Defects A.R.S. § 33-1363
If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.​

There are two distinctive problems with your application of the remedy to your situation.

First, you never gave LL notice IN WRITING of your intent to apply the remedy if they failed to effect the needed repairs. Sure, you sent them a certified letter, but it never clearly stated your intent to deduct from rent if they didn't repair. That part is CRITICAL in applying a repair and deduct remedy to the situation.

More importantly, there is nothing that proves the LL SHOULD have been liable for the cost of these repairs. What did the plumber say the problem was and what was done to correct it? If it was the result of a severe clog, that is actually something that YOU, as the tenant, can be held responsible for. Excess hair, toilet paper down the toilet, or a number of other things could have caused it - all which could be attributed to you. Unless you can definitively prove that it was a general issue and not one that might have been caused by you, you would be liable for the cost of the plumber yourself.