If you believe there may be mold in your rental property, this article contains all the information you need to understand your obligations as a tenant and landlord.

Arizona State law binds the tenant to notify the landlord of any situation or occurrence that requires the landlord to provide maintenance, make repairs, or otherwise take action.

Additionally, a landlord could raise a tenant’s failure to provide such notice as a defense in case of mold injuries.

Arizona State Mold Laws

There are some precautions that landlords should take to maintain fit premises:

  • Comply with the requirements of the applicable building codes materially affecting health and safety as prescribed in sections 9-1303;
  • Make all necessary repairs in order to ensure fit and habitable conditions on the premises;
  • All common areas should be kept in a clean and safe condition;
  • Also, all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances such as elevators must be maintained in good and safe working order;
  • Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

It must also be noted that combating mold is a shared responsibility between both the landlord and the tenant. Landlords must ensure a livable home without water leaks or water damage from previous leaks.

On the other hand, tenants have the responsibilities to use the provided ventilation system in both the kitchen and the backroom to reduce the condensation from cooking, running the dishwasher, and hot baths and showers.

Resource: Mold laws in all states

Who is responsible for cleaning the mold in Arizona State?

Even with a lack of specific laws governing mold landlords can be held responsible for mold problems. As I have already mentioned a landlord has the responsibility to provide safe and livable housing.

Renters have just as much responsibility to keep mold under control as the landlord and can be the liable party if the mold is a result of their neglectful behavior.

Who is responsible for cleaning the mold in Arizona State

Tenant rights in Arizona State regarding mold

The first thing the tenant must do if the mold appears in the apartment is to document the problem.

Few more actions to take

  • Take pictures of visible mold growth on walls and floors. Photos can be very helpful when it comes time to prove that there is mold in your apartment;
  • If you have conducted mold testing document the results;
  • Check if the previous tenants may have had mold issues too;
  • In case you want to get out of your lease due to mold, it is recommended to find out legal assistance.

In some cases, you can easily break the lease because of mold if you can show proof that it poses an “imminent threat” to their health, while there are cases where tenants are required to submit a medical certificate or documentation from an environmental testing firm such as would be able to terminate the contract without penalties.