questions & answers

Question: I live in a apartment complex. My brother has informed the maintence via voicemail previously that there was something leaking in the bathroom. This was about April. They have not done anything or put an effort to fix the mold- that was caused, I'm assuming, due to the leak spreading on the floor.  It is now black and the walls have softened. It's now August what can I do to break my lease?

Answer: Generally, the rental agreement will have the legal obligations and remedies for both landlords and tenants. According to Arizona law, the landlord has an obligation to maintain premises fit for living. A.R.S. 33-1364. The tenant must bring these needed repairs of maintenance to the landlord's attention in writing to ensure that the landlord is aware of the problems. This notice must explain the cause of the breach in the rental agreement and that the tenant will exercise his or her right to terminate if repairs are not made by a specified date (but no sooner than ten days of receipt of the notice)  (A.R.S. 33-1361). Consult the Arizona Residential Landlord and Tenant Act   to determine what actions may be taken and how to take them. This answer is provided as general information only, not legal advice. For legal advice on how the law applies to a specific situation, consult an attorney practicing in that field.