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Overview
Arizona does not have specific mold legislation. Instead, mold issues in rental properties are addressed through the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10), which requires landlords to maintain rental properties in a fit and habitable condition. The Arizona Department of Housing notes that there is currently no state agency that enforces provisions in the Act, and disputes between landlords and tenants are generally considered private matters to be resolved through the court system. [Arizona Department of Housing - Landlord and Tenant Act]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Arizona tenants have an implied warranty of habitability entitling them to rental premises that are fit for human habitation, comply with health and safety codes, and have functioning essential services. Mold that affects health and safety may constitute a breach of this warranty.
Right to Terminate Lease for Noncompliance
If a landlord materially fails to comply with habitability requirements, tenants may deliver written notice specifying the breach and stating that the rental agreement will terminate in 10 days if not remedied. For breaches affecting health and safety, the notice period is reduced to 5 days.
Landlord Responsibilities
Maintain Fit and Habitable Premises
Landlords must make all repairs necessary to keep the rental property in a fit and habitable condition. This includes addressing water intrusion, plumbing leaks, and mold growth that affects health and safety.
Comply with Building and Health Codes
Landlords must comply with all applicable building codes materially affecting health and safety. Building code requirements that are greater than obligations imposed by statute take precedence.
Remedies Available to Tenants
Rent Withholding
Available: Rent withholding is permitted when a landlord fails to supply essential services such as running water, hot water, heat, air conditioning, or other essential utilities. Tenants must give reasonable notice to the landlord before withholding. Unlike some states, Arizona law does not provide for placing rent in escrow pending resolution. Tenants should be aware that withholding rent may lead to eviction proceedings, at which point they can raise habitability issues as a defense and file counterclaims.
Repair and Deduct
Available: Tenants may use the repair and deduct remedy when the cost of repairs is less than $300 or one-half of the monthly rent, whichever is greater. The tenant must first give the landlord written notice of intent to repair at landlord's expense. If the landlord fails to comply within 10 days (or promptly in emergencies), the tenant may hire a licensed contractor to make repairs, submit an itemized statement and lien waiver to the landlord, and deduct the actual reasonable cost from rent. This remedy cannot be used if the tenant caused the condition.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Arizona
Understanding Arizona's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Arizona's Desert and Monsoon Climate
Arizona has an arid desert climate in southern regions and semi-arid conditions in the north. While typically dry with only 8-15 inches of annual rainfall in Phoenix, the monsoon season (July-September) brings sudden humidity spikes with intense thunderstorms. Humidity can jump from 10% to over 50% during monsoons, creating temporary but significant mold growth conditions.
Desert Mold Misconceptions
Despite Arizona's reputation as a dry state, a Lawrence Berkeley National Laboratory study found approximately 47-50% of U.S. homes show signs of dampness or mold—regardless of whether they're in humid Florida or arid Arizona. Indoor mold in Arizona often results from evaporative coolers (swamp coolers), plumbing leaks, and monsoon water intrusion rather than ambient humidity.
Evaporative Cooler (Swamp Cooler) Mold Risk
Many Arizona homes use evaporative coolers instead of air conditioning. These systems add significant moisture to indoor air, raising humidity levels that can promote mold growth. Improperly maintained swamp coolers with standing water or wet pads are common mold sources in Arizona rentals.
Monsoon Season Water Damage
Arizona's monsoon season brings intense storms with heavy rain, dust storms (haboobs), and flash flooding. Roof leaks, flooding through doors and windows, and foundation water intrusion are common during monsoons. Without prompt drying within 24-48 hours, these water events trigger rapid mold growth in the warm summer temperatures.
Common Mold Types in Arizona
Arizona's monsoon season (July-September) creates temporary but significant mold growth conditions as humidity can jump from 10% to over 50%. Evaporative coolers used in many Arizona homes add substantial indoor moisture, creating year-round mold risks despite the dry outdoor climate.
Cladosporium
Found in Arizona homes with evaporative coolers (swamp coolers) and areas with AC condensation issues.
Aspergillus
Common in homes using swamp coolers which add significant moisture to indoor air during hot months.
Alternaria
Thrives during monsoon season when humidity spikes and water intrusion is common. Often found in bathrooms and kitchens.
Penicillium
Grows on water-damaged materials after monsoon flooding or plumbing leaks, particularly in homes with poor drainage.
Coccidioides (Valley Fever fungus)
While not technically mold, this soil-dwelling fungus causes Valley Fever and is endemic to Arizona's desert regions.
Mold Professional Requirements in Arizona
Implied Warranty of Habitability
Under A.R.S. 33-1324, Arizona landlords must comply with applicable building codes materially affecting health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good working order, provide for trash removal, and supply running water, reasonable hot water, and heating/cooling as required by climate. While mold is not specifically mentioned, landlords are responsible for addressing conditions that affect health and safety, including water leaks and resulting mold growth. [A.R.S. 33-1324 - Landlord to maintain fit premises]
Mold Disclosure Requirements
Local Regulations
Some cities in Arizona have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Arizona mold law details.
Phoenix, AZ
Local mold risks, prevention priorities, and next steps for Phoenix.
Tucson, AZ
Local mold risks, prevention priorities, and next steps for Tucson.
Mesa, AZ
Local mold risks, prevention priorities, and next steps for Mesa.
Chandler, AZ
Local mold risks, prevention priorities, and next steps for Chandler.
Scottsdale, AZ
Local mold risks, prevention priorities, and next steps for Scottsdale.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Arizona.
Arizona Department of Housing Emergency Home Repair
Provides funding for emergency home repairs including mold remediation for qualifying low-income Arizona homeowners.
Eligibility: Low-income homeowners at or below 80% AMI
Phone: 602-771-1000Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Arizona for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
Community Legal Services Tenant Assistance
Provides free legal assistance to low-income Arizona tenants facing habitability issues including mold problems.
Eligibility: Low-income Arizona residents
Phone: 480-385-5056Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Arizona have specific mold laws for rental properties?
No, Arizona does not have specific mold legislation. Mold issues are addressed under the general habitability requirements of the Arizona Residential Landlord and Tenant Act (A.R.S. 33-1324), which requires landlords to maintain rental properties in a fit and habitable condition and comply with applicable building codes affecting health and safety.
What can I do if my Arizona landlord refuses to fix a mold problem?
You have several options: (1) Send written notice specifying the problem and giving the landlord 10 days to fix it (5 days if it affects health/safety); (2) Use the repair and deduct remedy if costs are under $300 or half the monthly rent; (3) Withhold rent if essential services are affected; (4) Terminate the lease if the landlord fails to remedy the breach; or (5) File a lawsuit for damages. Always document the mold problem with photos and written correspondence.
Can I withhold rent in Arizona due to mold?
Arizona law allows rent withholding when a landlord fails to supply essential services. However, this should be used carefully. You must give reasonable notice to the landlord first, and Arizona does not have a rent escrow system. Withholding rent may lead to eviction proceedings, at which point you can raise habitability as a defense and file counterclaims for damages.
Official Resources
These official resources can help you understand your rights and take action: