questions & answers

Question: If you have a lease, and you have had non stop roof leaks from the rain storms. Black mold growing in the ceiling. Constant requests to get them fixed have not stopped the leaking. Landlord says the lease can be broke after Dec. can he keep my deposit if we decide to take our baby and move out early?

Answer: The answers to your questions should be found in your lease and in the Arizona Residential Landlord Tenant Act found here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf In general, the landlord is obligated to maintain fit premises. That statute reads in part: § 33-1324. Landlord to maintain fit premises A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 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. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. The exception would be if you lived in a single-family residence and you have an agreement in the lease that you are supposed to maintain the home. If the roof, etc., are indeed the landlords' obligation after consulting the above statute and your lease, you have rights under A.R.S. 33-1361 as follows: § 33-1361. )oncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following: 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent. B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324. C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section. D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321. You will note that the statute requires you to give ten days notice of the problem in writing and specifying what is wrong and that the lease will end in not less than 10 days from the landlord's receipt of the notice if not repaired. You will also note that you can recover damages against the landlord (subsection B) and that the landlord is required to return your security deposit (less any damages caused by you and pursuant to subsection D). Please note that I am providing general information based on the limited information available to me. I am unable to provide you with legal advice, and answering your question does not create an attorney-client relationship. I wish you the best with this issue and in general.