questions & answers

Question: The landlord’s noncompliance is materially affecting the tenant’s health and safety, what is the word "Saftey" refering to? Is adequate outdoor lighting that is not on resident's utility bill to deter break-in, vandalisim,and property theft included?

Answer: THis is for informational purposes only; you may want to contact an attorney for legal advice. Under A.R.S. 9-1303. Material affect on health and safety of occupants: For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions: 1. Inadequate sanitation, ventilation or space requirements, including the following: (h) Lack of required adequate electricity and lighting as required by the building code. So, in short, that portion of the statute probably does not cover a lack of lighting to deter vandalism, unless the building code requires lighting in the specified area. Still, if the lack of lighting truly does create an unsafe condition, you should notify the landlord and request that it be fixed. Under A.R.S. 33-1324. Landlord to maintain fit premises A. The landlord shall: 3. Keep all common areas of the premises in a clean and safe condition. This applies generally.