questions & answers

Question: We just rented a house was by management they were replacing the carpet. After we applied they said the owner said are replacing living room carpet and the rest which is ok but now that the has dried and the chemical smell gone is a strong scent coming from rooms. We signed lease week ago and everything with getting this house ready for move in been a battle with this management company. What are the laws about having urine soaked carpets a rental and having them replaced? There is huge health issues with having to breath in that smell. What are rights?

Answer: Your general guide (in addition to your lease) will be the Arizona Residential Landlord Tenant Act found here: http://www.azhousing.gov/ShowPage.aspx?ID=484&CID=11 In general, and pursuant to A.R.S. 33-1324, the landlord is required to maintain fit and habitable premises. This inevitably includes replacing/cleaning the carpet pre-move-in to a point that is safe, sanitary, and livable. Ideally, you have something in writing that verifies that they were going to replace the carpet, but even if you don't, I think you have rights under 33-1324. You then turn to A.R.S. 33-1361 which gives you information on what you can do about your rights, which include up to terminating the lease and vacating the premises. Ten days written notice (refer to the lease for notice requirements) is required for normal breaches, and five days for those breaches "materially affecting health and safety". Arguably this situation falls in the latter, but out of an abundance of caution, I would use the former. If they do not remedy (by replacing the carpet), the lease terminates (refer to A.R.S. 33-1361). I wish you the best.