How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RealEstateAnswer Your Own Question
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27643
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Type Your Real Estate Law Question Here...
RealEstateAnswer is online now
A new question is answered every 9 seconds

I am in a 1 yr lease rental in Arizona. The real estate

Customer Question

I am in a 1 yr lease rental in Arizona. The real estate agent was told of black mold by the repair man and he was told to re caulk over it. Also the corner of the roof is barely hanging on due to rot or termites, and the postal service has given a written complaint that the tree is hanging so much she has a hard time getting to the mail box and I have a hard time getting into my driveway at this point also. Am I able to break a lease with this? The lease does say 800.00 to break the lease. When I am at home I feel a heavyness in my chest/breakthing issues while there. Please advise
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sedona Arizona
JA: Has any paperwork been filed?
Customer: I have text her and called. When I questioned her about the black mold I got an attitude.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 2 months ago.
Expert:  RealEstateAnswer replied 2 months ago.

Good morning. I certainly understand the situation and your concern. The rental property has to be habitable. Moreover, repairs need to be made by the landlord, once you notify them of these, in a reasonable amount of time. In this case, if these is mold, the rental needs to be inspected and the issue needs to be cured, if you are having health issues, as a result. Moreover, if the tree needs to be trimmed and roof needs to be repaired, for safety reasons, the landlord has a legal obligation to do so. If the landlord fails to do so and as a result, you are forced to leave, since the home is not safe and habitable, you could have a basis to break the lease and a defense, if they try and come back and sue you.

Customer: replied 2 months ago.
Ok, the black mold was covered, do I need to take it off and take pictures? The man that did the re caulking took pics and sent them to the real estate lady so she knows but deny's it saying she had the man spray it and cover it up
Expert:  RealEstateAnswer replied 2 months ago.

You can address this and take photos to show the landlord but you also may want to consider bringing in a professional 3rd party to assess this, so you have evidence of what it is and the harm and the need to cure.

Customer: replied 2 months ago.
Ok, it's expensive. It's a shame but thank you.
Expert:  RealEstateAnswer replied 2 months ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.