The implied warranties of habitability and quiet enjoyment.

Posted on September 21, 2023 in Arizona Law Regarding Business and Real Estate

Landlord-tenant disputes can arise for a variety of reasons, such as non-payment of rent, eviction, or breach of the lease agreement. Two of the most important legal principles in landlord-tenant disputes are the implied warranties of habitability and quiet enjoyment.

Implied Warranty of Habitability

The implied warranty of habitability is a legal principle that states that landlords must provide their tenants with a safe and habitable place to live. This means that the rental property must be in good repair and free from any hazards that could harm the tenant or their guests.

Common examples of violations of the implied warranty of habitability include:

• Leaking roofs
• Broken windows or doors
• Faulty plumbing or electrical systems
• Mold or mildew growth
• Infestations of pests or rodents

Implied Warranty of Quiet Enjoyment

The implied warranty of quiet enjoyment is a legal principle that states that landlords must allow their tenants to peacefully enjoy their rental property without interference from the landlord or others. This means that the landlord cannot harass the tenant or their guests, and the landlord cannot make changes to the rental property that would significantly interfere with the tenant’s use of the property.

Common examples of violations of the implied warranty of quiet enjoyment include:

• The landlord enters the rental property without the tenant’s permission.
• The landlord makes repairs to the rental property that are disruptive to the tenant.
• The landlord harasses the tenant or their guests.
• The landlord makes changes to the rental property that significantly interfere with the tenant’s use of the property.

What to Do If Your Landlord Violates the Implied Warranties

If your landlord violates the implied warranties of habitability or quiet enjoyment, you have a number of options. You may be able to:

• Withhold rent until the landlord repairs the violation.
• Make the repairs yourself and deduct the cost from your rent.
• Terminate the lease and move out.
• Sue your landlord for damages.

If you are considering taking any of these actions, it is important to consult with an attorney to discuss your legal rights and options.

Conclusion

The implied warranties of habitability and quiet enjoyment are important legal protections for tenants. If your landlord violates these warranties, you have a number of options available to you. If you are unsure of your legal rights or options, it is important to consult with an attorney.

Contact our Arizona litigation firm today for a free consultation. We can help you navigate the legal system and protect your rights. A good lawyer can help you get the justice you deserve. Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

Resources:

• U.S. Department of Housing and Urban Development (HUD): https://www.hud.gov/ – HUD provides information on a variety of landlord-tenant topics, including the implied warranties of habitability and quiet enjoyment.
• National Low Income Housing Coalition (NLIHC): https://www.nlihc.org/ – NLIHC is a nonprofit organization that advocates for affordable housing. Their website has information on a variety of landlord-tenant topics, including the implied warranties of habitability and quiet enjoyment.
• Legal Aid Society: https://legalaidnyc.org/ – The Legal Aid Society provides free legal services to low-income people. Their website has information on a variety of landlord-tenant topics, including the implied warranties of habitability and quiet enjoyment.
• Nolo Press: https://www.nolo.com/ – Nolo Press is a publisher of legal self-help books. Their website has information on a variety of landlord-tenant topics, including the implied warranties of habitability and quiet enjoyment.
• Tenant Rights: https://www.legalzoom.com/articles/tenants-rights-knowing-your-rights-as-a-tenant – Tenant Rights is a website that provides information on tenant rights in the United States. Their website has information on the implied warranties of habitability and quiet enjoyment.

FRAUD- It Never Ends-

Posted on June 7, 2022 in Arizona Law Regarding Business and Real Estate

There are many types of fraud. Virtually each type, involves money. Arizona has very good laws if you have been defrauded. Call Bill Miller at 602.319.6899. He has been prosecuting fraud cases for over 34 years.

 Taking From The Boss

Partner, employee or subcontractor fraud costs billions per year. It’s the bookkeeper who keeps separate charge cards, the cashier who short changes the customer. Some companies estimate fraud and error losses to average about 4% of organization’s expenses.

Signs of an embezzler engaging in employee theft are clear. Too many visits to the casino. Too many hang overs from the guilt. Too much sucking up to the accountant. It may be someone cheating on their spouse.  Just ask simple questions. How does a 75K a year sales man have a brand new 100K Raptor?

Other warning signs of a fraudster in an office may not be particularly intuitive. For example, one of the warning signs could be the office manager who never takes a vacation and who never delegates tasks to subordinates. An employer may view that as a dedicated employee. However, these qualities may be pretext for a nefarious reason, to possibly cover something up and ensure no one finds out. The author’s experience in handling employee theft cases is that the embezzler usually steals to gain wants not needs.

As mentioned before, one does not want to promote distrust within an organization. But, a healthy dose of skepticism is appropriate, and thorough internal controls are critical. Internal controls may be as simple as making certain that the person who prepares checks is different than the person signing the check. Finally, every business should have an indemnity bond or employee defalcation insurance to cover losses attributable to dishonest employees.

Investment Nightmares or Ponzi Schemes

Ponzi schemes may be named after Charles Ponzi, but the first known schemer was William “520 Percent” Miller who in or around 1899 defrauded thousands through the Frankin Syndicate in Brooklyn, New York. A Conman is always nice and friendly. They get you to trust them, them they pounce.

A Ponzi scheme is a scheme and artifice which pays monies to investors from such investor’s own principal investments or from new investors. It is a house of cards which ultimately must fail because a Ponzi scheme is not based on any legitimate business enterprise. It sustains itself solely though new investor money and does not do a thing.

The Madoff case is also a classic example of affinity fraud. Given Madoff’s celebrity and apparent success in the SEC world and Jewish Community, investors from his synagogue, the charities with which he was involved and the socialites in Manhattan were drawn to Madoff’s apparent golden touch on investments. There is more than one church who has had reckless members prey on the vulnerable, all using “church terms” to keep the victim off guard.

We prosecuted the NCFE bond case and that was a billon dollar fraud.

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Posted on March 23, 2020 in Arizona Law Regarding Business and Real Estate

On this website, a few years ago, we wrote… for over 33 years the Law Firm of William A. Miller has ‘seen it all’. Well, that was until last week. Litigation in Arizona for Fraud, Contract Breach and various business torts will explode, not unlike the days of the RTC. As most of you know,…

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Posted on October 11, 2017 in Arizona Law Regarding Business and Real Estate

Not every lawsuit gives rise to attorney fees if you win. Yet, the Arizona Supreme Court just ruled that the successful party on a claim for breach of the implied warranty of workmanship and habitability qualifies for an attorney-fee award under either a contractual fee provision or A.R.S. § 12-341.01. see Sirrah Enterprises v. Wunderlich…

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Posted on June 7, 2016 in Arizona Law Regarding Business and Real Estate

Prosecutors are in trouble after lawyers representing a doctor accused of fraud alleged the U.S. attorney’s office has been stealing documents. In court papers filed May 26, lawyers wrote prosecutors had gained access to discovery of the defense. According to the defense, an informant said an FBI agent had received CDs containing duplicates of discovery…

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