questions & answers

Question: A recent partial flood due to a roof leak caused by pigeon feces and nesting on the roof. Birds were also living in the attic. Sewer roaches also infested the attic drawn to waste and moisture present in the attic. With hazardous exposure and health concerns, is this the responsibility of the owner? They are communicating I should have recognized or smelled the nesting and feces and reported it before the problem developed. I requested they order an air quality test due to my asthmatic children and my concern of something in the air about a year ago. They have no record of it?

Answer: Pursuant to A.R.S. 33-1324, the landlord is required to "keep the premises in a fit and habitable condition." A tenant is of course obligated to notify the landlord of any issues as they arise and come to the tenant's attention (A.R.S. 33-1341(8)). A tenant also has maintenance obligations under A.R.S 33-1341. Depending on the circumstances and your lease, this situation sounds like it is most likely the obligation of the landlord to remedy. Any time you communicate something important to your landlord you should do so in a manner that you can record (certified mail, e-mail if permitted). Your landlord is probably not required to order the air quality test. Considering the moisture, however, you should consider ordering one yourself.