questions & answers

Question: While I was out of town, my apartment had a sewage backup, and subsequent mold infestation. Tenant was notified of the uninhabitable condition on Dec 11, met me at the property on Dec16, and offered to replace carpeting with tile. I provided written notice of uninhabitable condition on Dec 16 as well. I'd like to know several things: 1) do I have a right to demand mold inspection and remediation? 2) landlord has suspended rent as of 16th, but am I entitled to storage, moving, and/or living expenses while repairs are being completed?

Answer: The Arizona Residential Landlord and Tenant Act – which describes the rights and responsibilities of landlords and tenants – generally does not specify what a tenant is or is not entitled to when the landlord breaches the rental agreement and A.R.S. 33-1324 (which is the landlord’s obligation to “maintain fit premises”). The tenant’s options are to negotiate a mutually satisfactory arrangement with the landlord; to sue the landlord in court for the reduced market value of the premises being rented (A.R.S. 33-1361(B)); or, if the breach is a serious one (and the tenant would be able to demonstrate this to a judge, if required), notify the landlord in writing that if the breach is not fixed within 10 days after receipt of the notice, then the rental agreement will terminate and the tenant will move out without penalty (A.R.S. 33-1361(A)).