Landlord and Tenant Rights and Responsibilities

questions & answers

Question: The apartment I just rented has mold. Is the landlord responsible to clean out the mold.

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises” (A.R.S. 33-1324). They have a duty to make all repairs and to do whatever else may be necessary to put and keep the premises in a “fit and habitable” condition. Tenants are under their own obligation to keep their rental units clean and safe (A.R.S. 33-1341). Especially when the mold already exists when the tenant moves in (and therefore cannot possibly be the result of any action or inaction by the tenant) the landlord should be responsible for removing it. It is always recommended that tenants making requests of their landlords do so in writing (and make and keep a copy of the letter). When those requests involve conditions of the rental unit (such as mold) it is also recommended that tenants take time-stamped photos and/or video to serve as a documentary record.