What are our options for handling a property manager threatening to evict us by forging a habitability report with false information?

UPDATED: Jun 21, 2012

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What are our options for handling a property manager threatening to evict us by forging a habitability report with false information?

We are about to go into month 5 of a roach problem. Our property manager has been abrasive in handling this issue, although she does authorize pest control to come in at our request. I spoke with property management about alternative options (as the manager says the roaches are our issue), such as moving to a different unit, and she wanted to speak to the manager before making any decisions. Our manager confronted me a week later to let me know she didn’t appreciate us going above her and that she is prepared to make a habitability report on our unit detailing excessive clutter and cat smell.

Asked on June 21, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

I don't think there is anything you can do legally based on her threat to possibly write this report.  The landlord has an obligation to do whatever is necessary to keep your unit in a fit and habitable condition, which includes pest control.  It sounds like they are doing that.  Likewise, you as a tenant in Arizona have an obligation to keep your unit as clean and safe as the condition of premises permits, and dispose of all rubbish and other waste in a clean and safe manner.  (ARS 33-1341).  If your unit is not excessively cluttered, I would document that by taking pictures of how nice and clean it is.  Also, gather testimony (affidavits) from people who can vouch for the fact that your unit doesn't have a bad cat smell.  That way if she tries to evict you, you will be ready.

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