Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am currently renting a condo. The back fence of this condo is "leaning" over badly, and the back gate is not secure to keep "preditors" or unwanted people out. I feel that these issues should be addressed. In my walk-thru I have written these down. The landlord and owner of property know about this and have done nothing. Can I ask them again to address these issues? What is the law for them fixing these issues and do they have to?

Answer: A landlord is held responsible to ensure that rooms rented at a house, apartment and even mobile homes are up to code, including repairs, and that they are ready and fit for habitation. However, this does not apply to condos. The Arizona Residential Landlord & Tennant Act states that condos are exempted under A.R.S. 33-1308 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01308.htm&Title=33&DocType=ARS) and therefore the Landlord Tennant Act does not apply. It is important to find out what Condominium Association that the condo is with and then to contact them to have repairs made. The Condominium Association, under A.R.S. 33-1247 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01247.htm&Title=33&DocType=ARS), will have the power to apply laws to hold a declarant responsible for the repairs needed. These repairs include the maintenance, repair, and replacement of common elements. However, there is a limit. The actual repairs to the unit fall under the duty of the unit’s current owner.

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QUESTIONS

  • I am currently renting a condo. The back fence of this condo is "leaning" over badly, and the back gate is not secure to keep "preditors" or unwanted people out. I feel that these issues should be addressed. In my walk-thru I have written these down. The landlord and owner of property know about this and have done nothing. Can I ask them again to address these issues? What is the law for them fixing these issues and do they have to?

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  • State Bar of Arizona
    www.azbar.org
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    www.maricopabar.org
    Referral number 602-257-4434
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    Referral number 520-623-4625
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