questions & answers

Question: I am a condo owner, I live in the unit and rent out my 2nd bedroom to someone. We have a lease, and we have also been working under the agreement that we switch off paying for things that we share, for example paper towels, light bulbs in the common areas, etc. However, she is now refusing to purchase a new furnace filter, saying that is a 'maintenance item' and is my responsibility. I think this falls under the 'damages due to negligence' clause in the lease. I plan to take the cost of the filters out of her last month's rent and her lease-end date be moved up accordingly. Is that legal?

Answer: The short answer is no. You should consult the Arizona Residential Landlord Tenant Act found here: http://www.azhousing.gov/azcms/uploads/PUBLICATIONS/Landlord%20Tenant%20Act.pdf Your remedies for noncompliance with a rental agreement are to give notice, and opportunity to cure, and seek eviction if justified under the statute. Specifically, you should refer to A.R.S. 33-1368. You may also have a right to offset a security deposit against the outstanding obligations owed to you by your tenant. Your lease and the Act referenced above will provide additional guidance there.