Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My apartnent flooded fron above. Now it smells like mold. But comlex wont approve someone to come out and check for mold. How do i proceed

Answer: I'm sorry to hear you are having this issue. Pursuant to A.R.S. 33-1324, the landlord is required to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." (complete statute below). Pursuant to A.R.S. 33-1361, if the landlord fails to keep the premises fit and habitable, you have a few options. First, you could give written notice that the lease will terminate in ten days, then, if not fixed, you could move. Second, if you knew for example that the mold was dangerous, that time period could be reduced to five days. Third, you can employ what is called self-help pursuant to A.R.S. 33-1363. That statute provides that, if a landlord is not fulfilling its obligations, and the cost of compliance is less than $300 or 1/2 rent (whichever is greater), you may notify the landlord of your intent to fix it on your own at the landlord's expense. If the landlord fails to comply within 10 days, you may have the work done on your own by a licensed contractor and deduct if from your rent (up to the greater of $300 of half monthly rent). 33-1324. Landlord to maintain fit premises A. The landlord shall: . . . 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 33-1361. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, 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 ten days after receipt of the notice if the breach is not remedied in ten days. 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. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following: 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent. B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324. C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section. D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321. 33-1363. Self-help for minor defects A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection. B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent or if the condition repaired does not constitute a breach of the fit and habitable condition of the premises Here is a link to the Arizona Residential Landlord Tenant Act containing these (and other) statutes that may be helpful: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf I wish you the best.