Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have 2 children under 2 years of age who where never sick until we moved into our apartmet 2 months ago. We learned it is roach infested and I have been to the doctor and ER with both children. We notified the landlord and they sprayed 2 times. Both times the roaches got worse. What are my options for my childrens safety?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord is required by law to (among other things) “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “comply with the requirements of all applicable city, county and state codes materially affecting health and safety” (A.R.S. 33-1324). Conditions “materially affecting health and safety” include “infestation of insects, vermin or rodents” (A.R.S. 33-1303). If a landlord is in breach of the landlord’s obligations under A.R.S. 33-1324 in a manner that “materially affects health and safety,” then the tenant may deliver to the landlord a signed and dated written letter describing the problem in detail and notifying the landlord that if the problem is not fixed within 5 days after receipt by the landlord of this notice from the tenant, then the rental agreement will terminate shortly after that date (A.R.S. 33-1361(A)). It is important that the problem be a serious one, and the tenant should also have documentation (photos, video, witnesses, etc.). If you would like to discuss your specific situation with and obtain legal advice from an attorney, there are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.

QUESTIONS

  • I have 2 children under 2 years of age who where never sick until we moved into our apartmet 2 months ago. We learned it is roach infested and I have been to the doctor and ER with both children. We notified the landlord and they sprayed 2 times. Both times the roaches got worse. What are my options for my childrens safety?

STORIES

  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS