questions & answers

Question: I am planning on moving at the end of April. I have resided here for almost 5 years. I am worried the apt manager is going to bill me for the carpet and paint. The carpet was old when I moved in. My question is "can they bill me for carpet replacement and paint after I have been here for almost 5 years"

Answer: Your maintenance obligations are generally found (in addition to the lease) in A.R.S. 33-1341:

33-1341. Tenant to maintain dwelling unit
The tenant shall:
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.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs or otherwise requires the landlord to take action as prescribed in section 33-1324.

They can certainly TRY to charge you for old carpet, but I think you can make a strong argument that any carpet will need to be replaced after 5 years and you should not have to pay for it.  If they do try to do that, you may have to pursue them in court unfortunately.

Google "Arizona Residential Landlord Tenant Act" for additional information.

Best of luck.