Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My apartment is flooded from a leak in the roof. They had someone here earlier to try and locate the problem, but now the floor is saturated(carpet and the paint is bulging on the ceiling and the wall from water underneath. Can I move into other housing until it's repaired? They didn't even bring a fan over, and its getting wetter and wetter, I'm afraid that mold will start growing because It is very hot here, perfect for growing mold in wet plaster.

Answer: There are a couple of options under the landlord/tenant act. First, the situation you describe probably constitutes a "material noncompliance with the rental agreement" impacting health and safety. In such a circumstance you must provide a written notice specifying the underlyling facts and stating in not remedied within 5 days you will consider the lease terminated. If not adequately repaired you can then terminate the lease. The relevant provision of the act can be found at ARA 33-1361 A (can be found at the website of the Secretary of State www.azsos.gov). A seperate provision of the act states that if the landlord fails to provide "essential services" (specifically heat, cooling or water) you may give 'reasonable notice' and "procure reasonable substitute housing during the period of the noncompliance. You would be excused from paying rent for this period and if the cost of the housing exceed the rent you recover the excess from the landlord. ARS 33-1364 A 3. It is unclear if this provision would apply to your situation.

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QUESTIONS

  • My apartment is flooded from a leak in the roof. They had someone here earlier to try and locate the problem, but now the floor is saturated(carpet and the paint is bulging on the ceiling and the wall from water underneath. Can I move into other housing until it's repaired? They didn't even bring a fan over, and its getting wetter and wetter, I'm afraid that mold will start growing because It is very hot here, perfect for growing mold in wet plaster.

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