questions & answers

Question: I just got the keys to my new place. Long story short the neighbor and his company made my girlfriend fear for her safety. When we were leaving I took the way out by his unit and he stopped my car at gunpoint because he "thought I was someone else". I want nothing to do with this place now! What can I do?

Answer: Under the Arizona Residential Landlord and Tenant Act, tenants must conduct themselves – and require others who are on the property with their permission to conduct themselves – in a manner that does not disturb their neighbors’ “peaceful enjoyment of the premises.” (A.R.S. 33-1341). Making someone fear for their safety undoubtedly violates this obligation. In these situations, the first step (from a residential tenancy law perspective) is to contact the landlord and to tell him/her what happened. It is always recommended that a tenant who wishes to communicate something serious to and/or to make a request of a landlord do so in the form of a signed written letter (making sure that it includes the date). The tenant should make and keep a copy of this letter then either deliver it by hand or send it to the landlord by registered or certified mail. A tenant who threatens his/her neighbors may be subject to eviction. If it were to happen again and the landlord were not to take action, then you might have a case to get out of the rental agreement on safety grounds. If you have already decided that you cannot continue to live in the new rental unit, then you may wish to speak with an attorney.