questions & answers

Question: Is a landlord still allowed to charge you full amount of rent if needing to leave the home for more than 1/2 month to fix mold found in walls? I’ve heard that they can however they are responsible for providing you a place to live in while the repairs are being made is that true? Or can a tenant use some of the rent money to provide housing while property is being fixed if landlord refuses to pay for housing. Please help!!

Answer: The Arizona Residential Landlord and Tenant Act (ARLTA) does not specify exactly who should pay what in these sorts of circumstances. What it does say is that the tenant may ask a court for compensation for any monetary losses suffered by the tenant due to the landlord’s violation of the ARLTA (which includes the obligation to “maintain fit premises”) (A.R.S. 33-1361(B)). A tenant in this situation should communicate with their landlord in writing (to make sure that the tenant has copies of all correspondence) and try to reach an arrangement with the landlord in advance for the tenant’s rent to be reduced by an amount equal to what the tenant otherwise would have to pay during the period in which required repairs make the dwelling uninhabitable. If you would like specific advice about your particular situation, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).