questions & answers

Question: I've been sick for the past 3 months and the doctors have not been able to diagnose my initial cause. Because of the musky smell in our rental, we believe there to be mold. I believe it is mold making me sick. When I informed the owner he instantly jumped down my throat and asked why this is the first he's hearing of anything. Since I asked not to pay rent till the rental tested for mold he threatened to start the eviction process as soon as possible. I understand I have to pay rent. What do I do about the possible mold issue?

Answer: The facts you raise may well go beyond landlord-tenant issues and implicate personal injury issues as well.  While I will do my best to answer your question, you should promptly consult with an attorney.  For your own safety, the premises should immediately be tested for toxic mold to identify or rule this issue out.

I recommend that you review the Arizona Residential Landlord Tenant Act as well.  A link to the Act is here:

https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

You are correct that you do have an obligation to pay rent and cannot withhold rent unless it's authorized by statute or your lease.  You can find this in A.R.S. 33-1368(B).  The landlord does also have an obligation to provide safe and habitable premises and pursuant to A.R.S. 33-1324.  This would necessarily include keeping the premises free of mold.  If there is mold, you would have a right to demand immediate repairs by written notice and terminate the lease agreement if the repairs are not made. See A.R.S. 33-1361(A) ("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").  You should not be in the premises during any repair period.  If there is toxic mold, you should not be in the premises at all until the issue is remedied.

I wish you the best with your health and your situation.

Please note that I am answering to the best of my knowledge based on the limited facts available to me.  By answering your question, we are not creating any attorney-client relationship, and I am not giving you legal advice.