questions & answers

Question: Does a 20ft x 20ft area of sand filled with animal waste that is potent enough to be smelled 100 ft away count as a violation of implied warranty of habitability? The lease we signed said that we were responsible for the yard after 30 days but the smell is so strong we couldn't figure out where it was coming from until a few days after that time frame.

Answer: The question of whether or not a particular situation rises to the level of a major noncompliance with the rental agreement by a landlord tends to be rather subjective, so without seeing (and smelling) the plot of land at issue, it is difficult to say. Under the provisions of the Arizona Residential Landlord and Tenant Act, specifically A.R.S. 33-1324, a landlord must “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and also “comply with the requirements of applicable building codes materially affecting health and safety” under A.R.S. 9-1303 (a violation of which include “inadequate sanitation,” “hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards”; and “unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.” Under the Act, “if there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days” (A.R.S. 33-1361).