questions & answers

Question: I just signed a one year lease For a small apartment, when I started to move things in and out of the apartment I noticed it smells like smoke so I tried to air it out but nothing is getting the smell of smoke out and it's really affecting my allergies, I cleaned the walls myself but it's still strong enough to affect me, I asked the landlord to have the apartment painted but he doesn't want to do that, is the landlord required to paint the apartment to get the smell of smoke off

Answer: According to the landlord/tenant act a landlord is supposed to provide premises that are "fit and habitable". ARS 33-1324. If the condition "materially affects" your health you can write a letter to the landlord specifying the condition and giving them five days to fix it. If they don't you can terminate the rental agreement. ARS 33-1361 A. If you are going to do this you should have some documentation that the condition is actually affecting your health. The landlord/tenant act can be viewed at the website of the Office of the Secretary of State (www.azsos.gov).