questions & answers

Question: We had flooding from recent storm. Walls got wet, carpet got wet, and light fixture not working. Landlord said let dry out and things will be fine. No repairs. Only cut open wall to worst leak and put a dryer in there. No one has come back. That 9/8/14. Today is 9/10/14. Should we give 5 or 10 day notice to fix? It now smells moldy in here, and I have to cook dinner in semi dark. Already frustrated because we have roaches! I have allergies and don't want to be exposed to them or to mold.

Answer: A landlord is required to "make all repairs and do whatever is necessary ot put and keep the premises in a fit and habitiable condition." A.R.S. 13-124 A (2). This should require the landlord to timely repair the light fixture and deal with the mold and roach problem. Both the mold and roach problem could be considered a threat to "health and safety" and you could deliver a "5 day notice" specifying the issue and repairs needed. If the repairs are not completed within 5 days of receipt of the notice you could either terminate the rental agreement or seek compenstation for any damages. A.R.S. 33-1361 A.http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf