Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My husband and I have been living atapartments for 9/10 months now and we have a 9 month baby, we have always been kind of suspicious of mold because all of the walls look like chunks of them have been replaced, the celing has water spots, its just a mess. So on 8/10/13 my husband was feeling the wall in our bedroom where him and I and also my son sleep and when he felt by the base board the wall kind of just broke so he pulled out the drywal and it is just caked in mold. Black chunks of mold all over. So now it is exposed and we can not bring our baby home, nor can we be home what can we do?

Answer: In the Standard residential Tenancy Terms, it states in clause 55 that a landlord is obligated to maintain the premises in a state fit to live in, and in clause 57 it states that they are required to make repairs when necessary. Finally, in clause 63, it states that tenants must keep the place clean and not damage the premises. Thus, if the tenant can prove that it was not them who caused the mold, then the landlord is responsible to fix it. 


QUESTIONS

  • My husband and I have been living atapartments for 9/10 months now and we have a 9 month baby, we have always been kind of suspicious of mold because all of the walls look like chunks of them have been replaced, the celing has water spots, its just a mess. So on 8/10/13 my husband was feeling the wall in our bedroom where him and I and also my son sleep and when he felt by the base board the wall kind of just broke so he pulled out the drywal and it is just caked in mold. Black chunks of mold all over. So now it is exposed and we can not bring our baby home, nor can we be home what can we do?

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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