questions & answers

Question: I moved into my apartment 20 days ago and on the day of move in 2/8/20 I had my walk through with the landlord. That day I raised many concerns but my main concern was the horrific smell of smoke in the back bedroom and bathroom. The smell is so horrible as if the tenant before just sat in closed in the room and smoked. The landlord stated on the day of move in that the apt just needed to be aired out. Unfortunately that wasn’t the case, I am asthmatic and have had to use my inhaler and nebulizer EVERYDAY since moving in. Is my landlord responsible for removing the smoke smell from the apart?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is 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). Under the Act, a tenant whose dwelling is not “fit and habitable” may notify the landlord in a signed and dated letter identifying the problem in detail and requesting that the problem be fixed as soon as possible (A.R.S. 33-1361(A)). If, even after the landlord has received the tenant’s letter, the landlord still does not fix the problem, then the tenant has different options depending on whether they want to continue to live in their rented home or move out (see A.R.S. 33-1361 and 33-1363). Any tenant who would like legal advice may find links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).