questions & answers

Question: I found mold in my bathroom ceiling, as well as a few other places, so I scheduled a mold professional to come out and the property owner or landlord won't let us they are trying to have maintenance come determine and fix the issue, I need to know my rights and if I need an attorney or not because mine and my 9 month old son have had skin reactions and health issues include him wheezing and difficulty breathing, he's been congested since we moved in.

Answer: A landlord may not lawfully prevent a tenant from paying for a professional (or anyone else) to come visit and inspect the tenant’s rented unit. The landlord may, however, insist that he/she be permitted to have a professional of their own do the same (at no charge to the tenant). When a tenant has a mold (or any other) problem, the first thing that the tenant should do is take photos and/or a video of the problem (to have as evidence) and deliver to the landlord a signed dated letter (keeping an identical copy for the tenant’s own records) describing the problem and requesting that the problem be fixed. Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), a landlord is required to make all repairs that are necessary to ensure that the rented premises remain in a “fit and habitable” condition (A.R.S. 33-1324). If the landlord has not fixed the problem within a reasonable period of time after the landlord receives written notice (your letter) – and as long you as the tenant have not caused or exacerbated the problem – you will have a number of alternatives including the option of ending the lease (A.R.S. 33-1361). It is important is to (1) document everything and (2) put all requests/demands in writing.