questions & answers

Question: I just rented a new apartment and there has roaches infested in the unit. I notified the manager via text and he already spray the unit but there are still lots of live roaches roaming around the unit after 10 days. Especially at night that they are crawling all over my bed. Can I terminate the lease agreement without holding my rent. And what should I do so in order to break because of habitability issue. thanks

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required by law to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “comply with the requirements of all applicable city, county and state codes materially affecting health and safety” (A.R.S. 33-1324). Conditions “materially affecting health and safety” include “infestation of insects, vermin or rodents” (A.R.S. 9-1303). If a landlord is in breach of the landlord’s obligations under A.R.S. 33-1324 in a manner that “materially affects health and safety,” and, as a consequence, the tenant wishes to leave, then the tenant may deliver to the landlord a signed and dated written letter describing the problem in detail and notifying the landlord that if the problem is not fixed within 5 days after receipt by the landlord of this notice from the tenant, then the rental agreement will terminate shortly after that date (A.R.S. 33-1361(A)). It is important to recognize that the problem must be a very serious one, so the tenant should have plenty of documentation (photos, video, witnesses, etc.) should the landlord decide to dispute the tenant’s allegations. A tenant who intends to terminate a rental agreement on the grounds that the landlord has failed to comply with A.R.S. 33-1324 would be wise to consult with an attorney beforehand. There are links to free and low-cost legal services on this website.