FACTS: The residential property suffered water damage during the term of the tenancy.  The owner has hired a general contractor to make repairs.  The tenant advised the landlord that her daughter is susceptible to mold and that a mold test must be performed before she will move back into the property pursuant to the lease.

ISSUE: Is a mold test legally required?

ANSWER: See Discussion.

DISCUSSION:         

There is no specific law that would require a mold test under the circumstances.  However, the Arizona Residential Landlord Tenant Act requires that a home be habitable.  See A.R.S. §33-1324(A)(2).  Under the circumstances, especially since the tenant has advised the owner of her daughter’s susceptibilities, the owner may want to conduct a mold test to confirm that any mold was in fact remediated with the repairs.