Arizona Tenant Rights When Dealing With Asbestos Hazards

As a renter in Arizona, you deserve to live in a healthy and safe home. If you live in an older building, asbestos may be a hidden concern. It’s important to know your rights under Arizona law, what steps to take if you suspect asbestos, and how to ensure your landlord keeps your home safe.

Why Asbestos in Older Arizona Buildings Matters

Asbestos is a natural mineral once commonly used in insulation, floor tiles, and other materials in buildings constructed before the 1980s. When these materials are disturbed, asbestos fibers can become airborne and pose serious health risks if inhaled—such as lung disease or cancer. Arizona’s dry climate can make dust and fibers harder to contain after construction or damage.

Landlord Responsibilities and Arizona Housing Laws

Under the Arizona Residential Landlord and Tenant Act, landlords must keep rental properties in a safe and habitable condition. This includes managing any potential asbestos hazard. If asbestos-containing materials are damaged or pose a risk (such as during renovations), your landlord must address the problem promptly.^[1]

• Landlords cannot allow tenants to live in unsafe conditions due to environmental hazards.
• They must follow safety regulations for asbestos set by agencies like the U.S. Environmental Protection Agency (EPA).
• If repairs or abatement are necessary, landlords may need to relocate tenants temporarily depending on the severity of the hazard.

Your Rights as an Arizona Renter

Arizona renters have the right to:

• Be notified if there is known asbestos or if work will disturb asbestos-containing materials
• Request repairs or abatement if they believe there is an asbestos hazard
• Withhold rent or break a lease in some cases if the property is uninhabitable (with proper procedure)

What to Do If You Suspect Asbestos in Your Arizona Rental

If you believe your rental has damaged asbestos or unsafe conditions, take these steps:

• Document the concern: Take clear photos and note the location and type of damage.
• Submit a written repair request to your landlord: Clearly describe the problem, when you noticed it, and request prompt action.
• If the landlord does not respond, renters can use the Request for Repairs Notice provided by the Arizona Department of Housing (no form number).
• Allow reasonable time: By law, landlords usually have 10 days to make non-emergency repairs, or less for urgent safety issues.^[1]

Filing a Complaint or Escalating Your Concern

If your landlord does not address the hazard and your home is unsafe, you may file a complaint with the Arizona Department of Housing. Tenants may also pursue legal remedies through the civil court system or Arizona Justice Courts.

Remember to keep records of all communication, photos, and copies of forms you submit.

Key Forms for Arizona Renters

• Request for Repairs Notice (no form number): Use this to formally notify your landlord of needed repairs, including suspected asbestos concerns. View and download the Request for Repairs Notice. For example, if you see crumbling insulation around pipes, fill out this form and deliver it to your landlord to request prompt action.

Although there is no specific “asbestos abatement” tenant form, documenting your request in writing is a crucial first step.

Where Are Tenant-Landlord Disputes Handled in Arizona?

Most housing disputes in Arizona, including those relating to asbestos hazards, are processed by the Arizona Justice Courts – Landlord & Tenant Disputes. These local courts can hear eviction, repair, and habitability cases.

Relevant Arizona Tenancy Legislation

The primary law governing your rights related to rental health and safety is the Arizona Residential Landlord and Tenant Act. Pay special attention to:

• A.R.S. § 33-1324 – Landlord to maintain fit premises

FAQ: Arizona Renters and Asbestos Hazards

1. Can my landlord make me leave my apartment for asbestos repairs?
   Yes, if repairs require removing asbestos and could put your health at risk, you may be asked to vacate temporarily. The landlord is typically responsible for providing safe accommodations or reducing your rent during this period.
2. What if my landlord ignores my requests for asbestos inspection or repairs?
   If your landlord does not act after written notice, you can file a complaint with the Arizona Department of Housing or take the matter to your local Justice Court. Always document your requests and the landlord’s response.
3. Do I have to pay for asbestos testing or removal?
   No, under Arizona law, landlords are responsible for making necessary repairs to ensure habitability, which includes addressing asbestos hazards.
4. Can I break my lease because of asbestos?
   If the asbestos hazard makes the property uninhabitable and the landlord doesn’t fix it in a reasonable time, you may have the right to terminate your lease through the courts.
5. How do I request repairs in writing?
   Use the Request for Repairs Notice form and deliver it to your landlord, specifying the asbestos concerns and asking for a prompt response.

Conclusion: What Arizona Renters Should Remember

• Landlords must keep your home safe, including addressing asbestos hazards.
• Submit repair requests in writing—use the official repair notice form for clear communication.
• Use government resources or the Justice Courts if your health or home is at risk and your landlord doesn’t help.

Need Help? Resources for Renters

• Arizona Department of Housing – Landlord and Tenant Complaints
• Arizona Justice Courts – Landlord & Tenant Dispute Information and Forms
• AZ Law Help – Tenant Legal Information
• EPA – Asbestos General Information

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1. Arizona Revised Statutes Title 33 – Arizona Residential Landlord and Tenant Act

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