Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have leased to a tenant in Surprise. I had the front and backyard cleaned for the tenant when she moved in. Now the tenant is refusing the maintain the front and backyards. Who is responsible for landscaping to HOA specs?

Answer: The following is provided for general information only. Under Arizona Revised Statute (A.R.S.) § 33-1324, the landlord has the obligation to: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in A.R.S. 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: 1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration. 2. The work is not necessary to cure noncompliance with applicable building codes pertaining to health and safety as prescribed in A.R.S. 9-1303. 3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. If you rent a home, your landlord and yourself can agree that you will perform the maintenance on the property. You must, however, be given some consideration, such as being paid or having your rent reduced. Under A.R.S. § 33-1341, the tenant has the obligation to: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety. 2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit. 3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner. 4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits. For more information on Landlord and Tenant obligations please read the article “Landlord and Tenant Rights and Responsibilities (http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=46)”. The Arizona Department of Housing (http://www.azhousing.gov/ShowPage.aspx?ID=484&CID=11) has a copy of the Arizona Residential Landlord and Tenant Act (http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf). To find out how the law applies to specific circumstances, please explore the Legal Assistance (http://www.azlawhelp.org/legalaidlisting.cfm) page on this website to seek assistance from an attorney.