questions & answers

Question: I gave 30 days notice at my apartment on the 15th of March. Upon moving clothes out of a closet found a huge patch of mold on the wall. I do not want to stay there the remaining 15 days of the 30 day notice. Is there a way out of that place and not paying the remaining 15 days rent? I have a daughter that stays with me and I do not think it is safe for us to stay there now. Thank you.

Answer: A landlord is required to make the living situation habitable, which includes fixing unsafe or unhealthy living conditions. A.R.S. section 33-1361 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01361.htm&Title=33&DocType=ARS) states that if the landlord’s noncompliance with the lease (such as refusing to fix a safety issue), the tenant can deliver a written notice that the lease will end in 5 days. However, the landlord has the right to fix the problem and if he/she does, the lease will continue. In addition, the safety threat must not have been caused by the tenant. In addition, please read the articles and questions posted under Housing: Landlord and Tenant Rights and Responsibilities on this website (http://azlawhelp.org/viewresults.cfm?mc=3&sc=24.