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What should we do about our rental issue? We notified landlord and they are now trying to make use pay for repairs.

Mesa, AZ |

Rent from a husband and wife,not a pmc.We like them but they have never responded in a timely fashion to any issues.They informed us that their insurance company won't cover water damage to wall in the guest bathroom as mold indicated problem went unreported too long.Now they are asking us to pay for it.Here's our side.We have always had a casual relationship with them, in that we use text and phone to communicate.On Dec 29 my girlfriend sent landlord a text."toilet is running constantly.We have not fixed it".(bcuz disposal we fixed b4 on our own as they are so slow)Her reply: "okay".In March we noticed mold in guest bath,we don't use it much, that's why. Now she says we didn't report it but we did actually notified her of the issue that cause it on Dec29 by text.Where do we stand?Thanks!

Basically, we did notify her of a plumbing issue and she did nothing about it. As a result the mold formed, which we did not notice as we don't use guest bath much. When we did notice, we told her right away. Then property restoration assessor told their insurance the mold had been there for a while. We told her of the issue that would eventually cause the mold nearly three months ago, when we noticed toilets running constantly and told her. I can't see how this is our fault, as we did our due diligence as a tenant by reporting both the running water that caused the mold and the mold itself as soon as we noticed it. I realize it might come down to a technicality, in that I am reading about certified mail and such, but we have a long established relationship of communicating via text and have every text we have sent and received from her. She knew there was a plumbing issue and never bothered to come over and make sure her property was in order and working properly.

Attorney Answers 1


The governing statute is ARS 33-1324, which makes the landlord responsible. It is his responsibility, and it makes no difference what the insurance company says. The key is whether you can prove that you gave notice, and I think the texts are sufficient. (Though a lawyer needs to review them to see exactly what they say.)

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Thank you for taking time to answer my question. We did consult with an Arizona attorney and she says exactly the same thing as you. I just remembered writing on this site, checked in and saw your message and wanted to say that I appreciate your time and effort.

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