Landlord and Tenant Rights and Responsibilities

questions & answers

Question: how am i able to break my lease , when my place is infested with mold? i have bathroom mold in the walls ( i know its black ) and i have mushrooms coming from the ceiling

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords are required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). Tenants are under their own obligation to keep their rental units clean and safe (A.R.S. 33-1341). If the mold appeared during your tenancy (rather than when you first moved in), the landlord may argue that you are at least partly responsible. Regardless, except in emergency situations, before a tenant may attempt to break a lease, the tenant must first provide the landlord with formal written notice, by delivering to the landlord – either by hand or by certified mail – a signed and dated letter describing the problem in detail and requesting that the landlord fix it as soon as possible. It is always recommended that tenants keep careful records of all their correspondence with their landlords and also take time-stamped photos and/or video to serve as a documentary record of the problem. If, after a reasonable period of time has passed since the landlord received the tenant’s letter, the landlord does nothing to fix the problem, the tenant will want to be able to prove (to a court of law, if necessary) that the mold was a serious problem. The most important thing is for the tenant to be able to show that the tenant tried to resolve the problem with the landlord and that breaking the lease was a last resort. If, after a reasonable period of time, the landlord does nothing to remove the mold, and the tenant believes that, by failing to act, the landlord is in violation of the landlord’s duty to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324),” then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 10 days after the landlord receives this notice then the rental agreement will terminate. However, if a landlord fails to comply with the landlord’s obligations in way that affects or threatens to materially affect the health and safety of the tenant, then the tenant may deliver to the landlord written notice identifying the problem and stating that if the problem is not fixed within 5 days after the landlord receives this notice then the rental agreement will terminate (A.R.S. 33-1361). Conditions materially affecting health and safety include, among other things, inadequate sanitation, ventilation, or space requirements, hazardous or unsanitary premises, inadequate maintenance, unhealthy conditions (A.R.S. 9-1303).