questions & answers

Question: we have a mold problem from the managers meintenance man doing cheap labor causing mass flooding in the walls. she claims after multiple times thebproblem is fixed. the watee is also making us sick. my other half lives here and is pregnant. we also have a 3 year old. the manager claims there is no mold, but i have 2 samples of black and all sorts of colors. i want to get out of here but the manager threated to bill us 3 thousand for damages thats by her hands not ours... and i gave her many chances to fix the problem and it never gets fixed, she only covers up her tracks. what can i do?

Answer: There are two legal issues. If you or your child have been injured as result of mold contamination caused by the landlord then you may have a personal injury or damages action against the landlord. You should consult a personal injury attorney about a potential law suit. The second matter involves a landlord tenant issue. Under the Arizona Residential Landlord/Tenant Act the landlord is supposed to provide habitable premises (ARS 33-1324). Mold contamination caused by the landlord would violate this provision. You can provide the landlord a written notice indicating the problem and stating that if it is not fixed within 5 days you will consider the rental agreement terminated. If not resolved within five days you can then consider the agreement terminated and you can vacate the premises.