questions & answers

Question: Can a landlord put into the lease and expect a tenant to comply with broken windows not being replaced? All windows also do not have screens. Also the property is riddled with garbage, tires, glass and many other things. Please help...I really believe the landlord is wrong on this.

Answer: Under the Section 33-1324 of Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords are legally required (among other things) to “comply with the requirements of applicable building codes materially affecting health and safety” (which, under A.R.S. 9-1303, includes “lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers”); to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; and to “keep all common areas of the premises in a clean and safe condition.” If you would like to speak with an attorney about your legal rights and responsibilities if your landlord is in violation of Section 33-1324, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).