Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I rent an apart. in Chandler. a neighbor leaves cat food out on the sidewalk 2 feed stray cats. I talked to the manager and she says there is nothing she can do.The issue now is there is a roach and ant infestation do2 the cat food.my son turned out2 be allergic to roach bites &has fallen down and hit his head when he step on the food.there are even roaches on my bed at night when we r sleeping. She just tells.me to keep my apart. clean and has the regular guy come over to spray but this doesn't help. What can I do???

Answer: The Arizona Residential Landlord Tenant Act is a good place to start. Here is a link: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf I think a good starting point is A.R.S. 33-1324 (part of the Act). It provides for the landlord's obligation to maintain the premises. This obligation includes an obligation to "[k]eep all common areas of the premises in a clean and safe condition." under subsection (A)(3) and "[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." under subsection (A)(2). Based on the information you have provided, it appears the landlord may be in violation of one or both of these subsections. You next turn to A.R.S. 33-1361 to see what you can do about it. Under subsection A, you have the right to give the landlord written notice and inform him or her that the rental agreement will terminate "upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days." If the landlord fails to remedy the issue within that time period, you have the right to terminate the lease and move out and likely get back your security deposit subject to the remaining provisions in A.R.S. 33-1361. Please note I am providing information only based on the limited information I have. I do not represent you and I cannot provide you with legal advice. I wish you the best.

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QUESTIONS

  • I rent an apart. in Chandler. a neighbor leaves cat food out on the sidewalk 2 feed stray cats. I talked to the manager and she says there is nothing she can do.The issue now is there is a roach and ant infestation do2 the cat food.my son turned out2 be allergic to roach bites &has fallen down and hit his head when he step on the food.there are even roaches on my bed at night when we r sleeping. She just tells.me to keep my apart. clean and has the regular guy come over to spray but this doesn't help. What can I do???

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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