Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I just moved in a month ago. An constantly see mice can I break my lease?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required by law to (among other things) “comply with the requirements of applicable building codes materially affecting health and safety” and “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). One of the conditions that is recognized to materially affect health and safety of tenants is “inadequate sanitation, ventilation or space requirements,” which includes infestations of “insects, vermin or rodents” (A.R.S. 9-1303). A tenant whose landlord is failing to meet the landlord’s obligations under A.R.S. 33-1324 is responsible first and foremost for providing the landlord with formal written notice of the problem – ideally in a signed and dated letter (keeping a copy for the tenant’s own records) – describing the problem in detail and requesting that the problem be fixed as soon as reasonably possible. The tenant must do this regardless of whether the tenant ultimately wants to continue to live in the dwelling or leave. If the tenant wishes to terminate the rental agreement if the landlord fails to make the requested repairs, then the tenant is permitted by the ARLTA to deliver a written notice to the landlord identifying the repairs that the landlord must make under A.R.S. 33-1324 and stating that the rental agreement will terminate ten days after the landlord receives the notice if the repairs are not made within ten days (or, if the problem is materially affecting the tenant’s health and safety, that the rental agreement will terminate five days after receipt of the notice if the repairs are not made within five days) (A.R.S. 33-1361(A)). A tenant who wishes to terminate a rental agreement on these grounds should document carefully both the condition of the dwelling (with photographs or video and witnesses) and the tenant’s attempts to notify the landlord of the problem. If any tenant would like legal advice, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).