questions & answers

Question: A month and a half ago there was a water leak in my apartment causing floor damage to most of the apartment. While our landlord did repair the leak, the floor was never repaired and I am afraid of health problems from mold growing under the floorboards. After asking multiple times the only thing the landlord has said is she will take care of it sometime in the future because she is busy with her personal life. What can I do in this situation and is this breaching the lease for failure to repair?

Answer:

Before continuing, please consult your personal lease for any information related to repairs and other tenant/landlord agreements. As documented in ARS 33-1324, the landlord is required to maintain fit premises. Among other requirements, the landlord must: 1. Comply with the requirements of applicable building codes materially affecting health and safety. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 

 ARS 33-1361 states that if a landlord fails to comply with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts/omissions that constitute the breach in the rental agreement. The rental agreement will terminate upon a date not less than five days after the receipt of the notice if the breach is not remedied in five days.  This link provides more information regarding tenant/landlord rights and responsibilities.