questions & answers

Question: I am renting to own my manufactured home from my landlord who is in turn paying off loan company. The contract she wrote and we both signed but was never notarized or witnessed states that I will rent the home" as is" meaning she is not responsible for any damages. The septic tank is broken and flooding badly enough that one side of the house has sunken into the ground. The clogging from the septic has caused leaks and clogs in water pipes causing mold in walls and insulation under house ruined. A lic. Plumber informed me that the septic tank got broken when she installed it previous to my renting. It is also illegally placed too close to house. Also, my mother paid my rent in February and when I asked my landlord if she received this money she stated no. I called my mother to confirm she did go there then I called landlord back and told her I knew she was lying about it and she admitted that she had in fact lied about how much rent I actually owe her. What can I do about all of this?

Answer: Arizona has laws in place to protect the tenant and hold the landlord responsible for providing and maintaining habitable living conditions. See Arizona Residential Landlord and Tenant Act (http://www.azsos.gov/services/public-information/landlord-tenant-acts)

Also, under A.R.S. §33-1324 (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33) a LandLord must maintain fit premises to its tenant. The condition of the home as explained (ie. Septic tank issues, mold) would be considered serious issues materially affecting your health and safety in the home. The remedies available to you as the tenant, as a result of non-complaince by your landlord, are outlined in A.R.S §33-1361http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33 including but not limited to recovering damages, termination of the rental, or an injunction.