Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Ive complained about a car alarm that constantly goes off right outside my bedroom window and nothing is being done about it what can I do

Answer:

AZLawHelp Question 22265:

City or local ordinance

Most city or local ordinances are in place to enforce against noise infractions. Each person who leases is entitled to a warranty of quiet use and enjoyment of his home. Therefore, a first report to the landlord about the noise starts the process.  This gives the landlord/homeowner time to stop the behavior and send notice to the offending tenant. https://www.maricopa.gov/planning/Resources/Ordinances/NoiseOrdinance.aspx

Landlord Intervention
Noise problems involving can be difficult for a tenant to resolve.  If a tenant cannot resolve the problem directly with the person, the landlord can be asked to intervene, where the noise violates lease conditions or rises to an unreasonable level.  If the landlord does not fix the problem within a reasonable time, the tenant may have recourse against the landlord for breach of the lease.  Tenants should put their complaints in writing and ask the landlord to make sure the problem is corrected.  
http://pinalcountyaz.gov/Sheriff/Documents/NoiseOrdinance.pdf
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01361.htm&Title=33&DocType=ARS

Examples of local noise ordinances

According to Maricopa County  Noise Ordinance, P-23, “It is unlawful for any person to sound a horn, signal, or noise device on any motor vehicle for any purpose other than those allowed by state law.” http://www.maricopa.gov/clk_board/Ordinances/P23_Noise.pdf  

According to Pinal County Noise Ordinance, 3.0 Excessive Noise Violation, “It shall be unlawful and a violation of this ordinance for any person to knowingly and/or intentionally cause to be made or continued, or to allow or permit any excessive noise.”
http://pinalcountyaz.gov/Sheriff/Documents/NoiseOrdinance.pdf

Violation of the noise ordinance

A violation of any provision is declared to be a public nuisance and any person who violates any of the provisions of this article is subject to persecution for a class 1 misdemeanor offense of disorderly conduct. A.R.S. §13-2904. Every violation that continues or exists will be considered a separate offense, subject to punishment as a separate class 1 misdemeanor. Violation of this ordinance, if deemed to be a public nuisance, may be pursued as a civil infraction with fines. Any adjacent or neighboring property owner, who shall be damaged by the violation of any provision of this Ordinance, may institute injunction, abatement or any other appropriate action or proceedings to prevent or abate this type of public nuisance. A.R.S. §13-2904.  http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/02904.htm&Title=13&DocType=ARS