questions & answers

Question: I moved in 1 month ago and put on my walk thru sheet that there was mold in the laundry room still waiting for them to fix it. They are going to put up new sheetrock. We also have noticed mold in the closet and kitchen. Can we have the mold tested on our own or do we have to have the owners/ landlord permission

Answer: So long as you are willing to pay for it yourself, and doing so would not be inconsistent with the specific terms of your rental agreement with the landlord, you should be able to arrange on your own to have the mold tested. However, it is always very strongly recommended that tenants who are having mold or similar issues first give formal written notice of the problem to the landlord, and then give the landlord a reasonable period of time after that notice has been delivered to fix the problem, before they do anything else. Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), landlords are required, among other things, to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances” (A.R.S. 33-1324). You may wish to deliver (either by hand or by certified mail, keeping a copy for your own records) a signed and dated detailed description of the problem, also reminding the landlord that the problem predates your tenancy, accompanied by a request that the problem be fixed as soon as possible. (You may also wish to take time-stamped photos and/or video of the problem to have as evidence for a later date.) If the landlord still does nothing, you will be in much stronger position not only to have the mold tested but also to take other actions if necessary.