Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I live in senior apartments In Peoria AZ. My son who is trying to quit using drugs stayed with me for about 2 weeks waiting to go into rehab. A neighbor complained and I spoke with management and they told me that it was not a problem not to worry about it and the after his TB test was completed he needed to be out. About a week later I receive notice that due to excessive grease on my stove (of which there was VERY little of and I have photos to prove this) that if I didn't clean the grease they would terminate my residency and they refered me to AZ revised statute 33-1368 (A). After looking at this statute it has nothing to do with cleaning a grease from my oven or any other kind of upkeep on my residence but with having guests etcetera... they also said I have five days to clean it up or they will issue at termination. Is there anything I can do?

Answer: A.R.S. 33-1368(A) (which is part of the Arizona Residential Landlord and Tenant Act) provides a landlord with the right to terminate a rental agreement with a tenant for “material noncompliance by the tenant with the rental agreement.” In order for noncompliance to be “material,” it must be significant, as opposed to merely trivial. Given that a buildup of grease could, in theory, be a problem “materially affecting health and safety” under A.R.S. 33-1341, which requires a tenant to maintain the rental unit in a “clean and safe” condition – this is referred to in A.R.S. 33-1368(A) – your best course of action is to take photos (as you have), clean, and respond to the landlord’s notice with a signed and dated letter of your own (keeping a copy for records).

QUESTIONS

  • I live in senior apartments In Peoria AZ. My son who is trying to quit using drugs stayed with me for about 2 weeks waiting to go into rehab. A neighbor complained and I spoke with management and they told me that it was not a problem not to worry about it and the after his TB test was completed he needed to be out. About a week later I receive notice that due to excessive grease on my stove (of which there was VERY little of and I have photos to prove this) that if I didn't clean the grease they would terminate my residency and they refered me to AZ revised statute 33-1368 (A). After looking at this statute it has nothing to do with cleaning a grease from my oven or any other kind of upkeep on my residence but with having guests etcetera... they also said I have five days to clean it up or they will issue at termination. Is there anything I can do?

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