questions & answers

Question: The apartment above mine had a toilet over flow. it leaked through my ceiling and damaged my daughters bed all her toys and clothes, my kitchen table, my wood furniture, went through the cabinets and wet all my dishes and cups (I cant use them after they have had toilet water on them) my couches and the ceiling has water pockets and carpet was mushy and soaked my linen closet was all wet and damaged everything I had in there. can I get out of my lease without paying? Are the Apartments responsible for my belongings or the tenants above me responsible or am I just screwed? my apt stinks!

Answer: It would be a good idea to ask an attorney for specific advice about whether and how you can obtain compensation for the damage to your personal property. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice). A tenant who wishes to terminate a rental agreement because their landlord has violated their rental agreement – which includes the obligation to “maintain fit premises” – is permitted by the Arizona Residential Landlord and Tenant Act to deliver a written notice to the landlord identifying the violation and how it is affecting the tenant’s health and safety and stating that the rental agreement will terminate five days (or more) after receipt of the notice if the violation is not fix in five days (A.R.S. 33-1361(A)).