questions & answers

Question: I signed a lease to a new place which I just got the keys to, I walk in expecting it had been properly cleaned, painted, and repaired as I had viewed it before completion. Now I get told that it was stated as "move in quality and we are not entirely repainting" The walls are dirty, scratched and marred, food reminance, and spakle marks everywhere to be seen. Other repairs werent done correctly either, what can I do here if they refuse to do nothing? At this point I want out of the agreement I havent moved in but I have paid deposit rent and signed the lease. Can I legally get out of this?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), a landlord is required to deliver possession to the tenant of a rental unit that complies both (1) with the specific terms of the rental agreement between the landlord and the tenant and (2) with the landlord’s general obligation to place and maintain the rental unit in a “fit and habitable condition” (A.R.S. 33-1323 & 33-1324). Your ability to terminate the lease without potential penalty will largely depend upon whether the conditions you describe breach either of these obligations. The fact that you have not yet moved in will matter only if you can justifiably claim that the rental unit is not currently in compliance with (1) and/or (2) above.