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Landlord and Tenant Rights and Responsibilities

Questions & Answers

Question: Our apartment has a black mold problem because of a slow leak in the wall. When out landlords insurance adjustor came to see the damage he informed us that the landlord was required to test the mold to find out if it was toxic. When we asked our landlord about testing he said he didn't have to test it just clean it up. Which is true? We would like them to test it so we know what we have been living in.

Answer: The Landlord/Tenant Act requires landlords to "keep the premises in a fit and habitable condition" and to "comply with all building codes materially affecting health and safety." A.R.S. § 33-1324 A. While generally this would require resolving the mold issue, it would not spefically require notifying you of the results of any test. You may want to contact the local County Health Department to see what the specific requirements are.

November 16, 2009