Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If a tenant is making me ill by smoking; what rights do I have. It is stated in the landlords responsiblities that he is responsible for tenants "Healthy Environtment"...

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord shall “do whatever is necessary to put and keep the premises in a fit and habitable condition.” A.R.S. § 33-1324(A)(2). Any promises by a landlord in a lease agreement to maintain a “healthy environment” generally repeat and reaffirm the minimum obligations required under Arizona law.

If smoke from one tenant’s unit infiltrates into another tenant’s unit through ventilation systems, this may violate Arizona law requiring the landlord to keep premises in “good and safe working order.” See A.R.S. § 33-1324(A)(4). A tenant may give five day’s notice to the landlord for noncompliance with A.R.S. § 33-1324, giving the landlord time to remedy the condition. See A.R.S. § 33-1361. Furthermore, depending on which city the property is located within, municipal ordinances regarding smoking may supplement the landlord’s duties under state law. See A.R.S. § 33-1303.     

However, smoking by tenants in common areas of the property probably does not violate the Arizona Residential Landlord and Tenant Act. Depending on the nature of the smoking activity, other tenants may be well within their rights under state law and their lease agreements to smoke in common areas or in their own units, so long as the smoke does not affect the “fit and habitable condition” of another unit. Please see an attorney for fact-specific advice.