Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We have a serious mold problem. Everyone in the house is sick all the time. It is from the leaks in the roof which have been fixed over and over by the maintenance men. Is this negligence on the landlords part and can we sue for damages?

Answer:

A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1321 – 1331. 

 • Provide the tenant with the name and address of the property’s owner and manager

• Provide the tenant with a free copy of the Arizona Landlord and Tenant Act

• Provide the tenant with a signed copy of the lease

• Provide the tenant with possession of the residence

• Comply with applicable building codes

• Make necessary repairs so that the residence is habitable

• Keep common areas clean

 • Maintain all electrical, plumbing, heating, and air-conditioning equipment

• Provide for the removal of trash

• Supply running water and reasonable amounts of hot water

• If a landlord fails to make repairs and the problem can be fixed for either less than $300 or an amount equal to one-half of the monthly rent (whichever is greater), the tenant can notify the landlord of his intention to repair the problem at the landlord’s expense. The notification should be in writing. If the landlord does not fix the problem within 10 days from receiving the notice, the tenant can hire a licensed contractor, submit a repair bill to the landlord, and deduct the cost of the work from his rent. This provision does not apply if the damage was caused by the tenant or one of his guests.

• Other Noncompliance by the Landlord A.R.S. § 33-1361

 • If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest.