questions & answers

Question: we have black mold mice roaches bed bugs we also can't use the swimming pool or laudry room because it is nasty there are still renting apartments i can't use my wheel chair on this property so i take a chance of falling everyday i'm also a high risk fall due to my stoke last year i also a d a and disable

Answer: Under Arizona law, and, in particular, the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises” (A.R.S. 33-1324). What this means is that landlords have a duty to make all repairs and do whatever else may be necessary to put and keep the premises in a fit and habitable condition; to keep all common areas of the premises in a clean and safe condition; and to 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. This includes the obligation to “comply with the requirements of applicable building codes materially affecting health and safety.” Conditions materially affecting health and safety include (among many other things) inadequate sanitation; structural hazards; hazardous wiring; hazardous plumbing; hazardous mechanical equipment; faulty materials or construction; hazardous or unsanitary premises; inadequate maintenance; and unhealthy conditions (A.R.S. 9-1303). Whenever a tenant believes that a landlord is in violation of the landlord’s duties under Arizona law because the landlord is failing to “maintain fit premises,” the tenant is advised to write and deliver a formal letter to the landlord describing the problems in detail and requesting that the landlord fix those problems as soon as is reasonably possible. If you would like assistance in writing such a letter – and/or in exploring your other options, especially if your building does not meet the accessibility standards required by the Fair Housing Act (FHA) and the Americans with Disabilities Act ADA) – there are links to organizations offering free or low-cost legal services on this website. The LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.