Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can I end my lease early if the apt I live in has black mold before I moved in and now that I found out like over a mouth ago the management has done nothing about it saying I don't have black mold. And can I sue them for damages since it has affected my health

Answer: According to the Landlord Tenant Act (Title 33, Chapter 10, Article 2, Section 33-1324):
A. The landlord shall:  
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.  
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.  
3. Keep all common areas of the premises in a clean and safe condition.  
4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.  
5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.  
6. Supply running water and reasonable amounts of  hot water at all times, reasonable heat and reasonable  air-conditioning or cooling where such units are  installed and offered, when required by seasonal  weather conditions, except where the building that  includes the dwelling unit is not required by law to be  equipped for that purpose or the dwelling unit is so  constructed that heat, air-conditioning, cooling or hot  water is generated by an installation within the  exclusive control of the tenant and supplied by a direct  public utility connection.  
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family residence  may agree in writing, supported by adequate  consideration, that the tenant perform the landlord 's  duties specified in subsection A, paragraphs 5 and  6 of  this section, and also specified repairs, maintenance   tasks, alterations and remodeling, but only if the  transaction is entered into in good faith, not for  the  purpose of evading the obligations of the landlord  and  the work is not necessary to cure noncompliance with  subsection A, paragraphs 1 and 2 of this section.  
D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:  
1. The agreement of the parties is entered into in  good  faith and not for the purpose of evading the obligations  of the landlord and is set forth in a separate writing  signed by the parties and supported by adequate  consideration.  
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.  
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.   
Penalties for failure to maintain services are outlined in Article 4 Section 33-1361:
§ 33-1361. Noncompliance by the landlord  
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and 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 there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the b reach is not remedied in five days. For the purposes of this section, material falsification includes false information  relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of  the rental agreement, the condition of the premises and any current services as represented by the  landlord in writing and any representation regarding  future services and any future changes regarding the  condition of the premises, the provision of utility services and the designation of the party responsible  for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:  
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.  
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.  
B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for an y noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.  
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.  
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.     

For the full text of the Landlord Tenant Act: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf

For a summary of the rights and responsibilities of residents: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf

Comments:

QUESTIONS

  • Can I end my lease early if the apt I live in has black mold before I moved in and now that I found out like over a mouth ago the management has done nothing about it saying I don't have black mold. And can I sue them for damages since it has affected my health

STORIES

  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS