[AZ] [AZ] What action can I take if my landlord ignores major repairs?
Under Arizona law, what are my rights when my landlord repeatedly fails to repair an AC leak that has caused ceiling damage and possible mold, leaving my child’s bedroom unsafe and uninhabitable?
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In Arizona, landlords are required by law to maintain rental properties in a safe and habitable condition. Here’s how you can approach your situation:
Understand Your Rights:
- Under Arizona's Residential Landlord and Tenant Act, landlords must make necessary repairs to keep the property safe and livable. This includes addressing issues like leaks and mold.
- If a repair affects health and safety, it should be addressed promptly. While the law doesn't specify an exact timeframe, "promptly" generally means as soon as reasonably possible.
Document Everything:
- Keep a detailed record of all communications with your landlord or property management company, including emails, letters, and phone calls.
- Take photos of the damage and any mold growth to have visual evidence of the problem.
Request Repairs in Writing:
- Send a formal written request for repairs to your landlord or property management company. Include details of the issue, any previous communications, and a reasonable deadline for when you expect the repairs to be completed.
Consider Legal Action:
- If the landlord fails to make necessary repairs within a reasonable time, you may have the right to withhold rent, make the repairs yourself and deduct the cost from your rent, or even terminate the lease. However, these actions should be taken carefully and usually require proper notice to the landlord.
- Consulting with a local attorney who specializes in tenant rights can provide guidance tailored to your specific situation.
Health and Safety Concerns:
- If mold is present, it can pose health risks, especially to children. Consider having a professional mold inspection done if the landlord does not act promptly.
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Do you rules in AZ for repairs on rental properties? To recap the timeline:
7/4 – The AC drain leaked through the ceiling panel into my child’s bedroom at 1 a.m.
7/4–7/23 – We waited for the AC repair to be completed. During that time, the unit continued to leak.
8/5 – The ceiling had still not been repaired. I submitted a request regarding repairs and mold remediation.
9/5 – The ceiling was finally repaired, but nothing was reported regarding mold.
9/23 – The same ceiling area was once again completely wet, indicating the AC must have been leaking again.
This is the same location and the same leak—unrelated to the pool, irrigation, or sink. It only concerns this bedroom and the AC panels above it. Please also see the attached photos of the sheetrock that fell down, which clearly shows mold staining indicating water has been soaking in the drywall for sometime.
My primary concern is making sure this room is safe, fit, and habitable, as my child (or any one of us) cannot currently use it.
Lexi, Chatbot
I’m sorry to hear about the ongoing issues with your rental property and the impact it has on your child’s safety. Have you communicated these concerns to your landlord or property management, and if so, what was their response?
Yes I sent the above email.
Lexi, Chatbot
Are you currently in a written lease agreement that outlines the responsibilities for repairs and maintenance?
I don’t know.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your rental repairs.
Yes.
EsquireChamp
Hello! I'm an attorney with many years of experience.
I understand you're dealing with ongoing AC and mold issues in your rental property that haven't been addressed properly. Have you considered any further actions or received any advice on how to proceed with your landlord?
I sent the above timeline of events to the property management company.
EsquireChamp
Thanks for sharing that. It's good that you've documented everything.
Do you know if your lease agreement specifies who is responsible for repairs like this? If you're unsure, it might be worth checking.
The property management company replied:
“Hello everyone,
I have left a message for the owner. My recommendation is to have a mold test completed. If the owner approves the mold test — this will prolong getting the ceiling fixed. The delay up to this point is getting the vendors eyes on the damage. You are not the only tenant that had a leak recently. We are working as quickly as possible to get this resolved.”
EsquireChamp
Thanks for sharing their response. It sounds like they're considering a mold test, which is a good step.
Have you noticed any health issues or other problems that might be related to the mold in your child's room?
Are there specific laws in Arizona that they need to follow in regards to repairs and how long they take.
EsquireChamp
In Arizona, landlords are required by law to maintain rental properties in a safe and habitable condition. Here’s how you can approach your situation:
Understand Your Rights:
- Under Arizona's Residential Landlord and Tenant Act, landlords must make necessary repairs to keep the property safe and livable. This includes addressing issues like leaks and mold.
- If a repair affects health and safety, it should be addressed promptly. While the law doesn't specify an exact timeframe, "promptly" generally means as soon as reasonably possible.
Document Everything:
- Keep a detailed record of all communications with your landlord or property management company, including emails, letters, and phone calls.
- Take photos of the damage and any mold growth to have visual evidence of the problem.
Request Repairs in Writing:
- Send a formal written request for repairs to your landlord or property management company. Include details of the issue, any previous communications, and a reasonable deadline for when you expect the repairs to be completed.
Consider Legal Action:
- If the landlord fails to make necessary repairs within a reasonable time, you may have the right to withhold rent, make the repairs yourself and deduct the cost from your rent, or even terminate the lease. However, these actions should be taken carefully and usually require proper notice to the landlord.
- Consulting with a local attorney who specializes in tenant rights can provide guidance tailored to your specific situation.
Health and Safety Concerns:
- If mold is present, it can pose health risks, especially to children. Consider having a professional mold inspection done if the landlord does not act promptly.
It says online in Arizona you can’t withhold rent.
EsquireChamp
In Arizona, tenants generally cannot withhold rent as a remedy for repairs not being made. However, you may have other options, such as giving written notice to the landlord to fix the issue or possibly terminating the lease if the problem is severe enough and not addressed in a reasonable time.
EsquireChamp
If you have any other questions, feel free to ask.
EsquireChamp
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