Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Does a landlord have to disclose if the rental property has a scorpion issue to the new tenants?

Answer:

A landlord is required to do the following under Arizona law. A.R.S. §§ 33-1322 – 1324

. • Provide the tenant with the name and address of the property’s owner and manager

 • Provide the tenant with a free copy of the Arizona Landlord and Tenant Act

• Provide the tenant with a signed copy of the lease

• Provide the tenant with possession of the residence

• Comply with applicable building codes

• Make necessary repairs so that the residence is habitable

• Keep common areas clean • Maintain all electrical, plumbing, heating, and air-conditioning equipment

• Provide for the removal of trash

• Supply running water and reasonable amounts of hot water

When problems arise in the home, the tenant should first refer to their current lease, in order to determine what their course of action should be. There are often provisions in the lease that will govern certain situations. If the landlord fails to comply with the lease in a material way, the tenant can deliver a written notice to the landlord explaining the failure and stating that the lease will terminate in 10 days. If the landlord’s noncompliance is materially affecting the tenant’s health and safety, then the same notice can state that the lease will end in 5 days. There are two exceptions. First, if the problem can be fixed before the date specified on the notice, then the lease will continue. Second, the problem cannot have been cause by the tenant or his guest. Housing issues can be complicated. If detailed legal advice is needed, please view our website for possible legal aid options.