Landlord and Tenant Rights and Responsibilities

questions & answers

Question: There was a pipe leaking by my parking spot for the last couple months. My water/sewer/trash Bill almost doubled for the last couple months. We pay w/s/t with our rent when it is due but we get a separate w/s/t bill and it shows that for almost 2 years my w/s/t was roughly the same until last month. The complex gets one bill and divides it by common area the apts pay the rest is divided to the residents. I believe the complex wasn't paying for their leaking pipe they were dividing it amongst the apt units. Can they legally do that?

Answer: It looks like your landlord is utilizing a "ratio billing system". In such a case the landlord/tenant act requires that "the rental agreement shall contain a specific description of the ratio utility billing method used to allocate utility costs" (ARS 33-1314.01 G) (can be viewed at the website of the Office of Secretary of State www.azsos.gov). From your description it sounds like the leak is in the common area and should be the responsibilty of the landlord.

QUESTIONS

  • There was a pipe leaking by my parking spot for the last couple months. My water/sewer/trash Bill almost doubled for the last couple months. We pay w/s/t with our rent when it is due but we get a separate w/s/t bill and it shows that for almost 2 years my w/s/t was roughly the same until last month. The complex gets one bill and divides it by common area the apts pay the rest is divided to the residents. I believe the complex wasn't paying for their leaking pipe they were dividing it amongst the apt units. Can they legally do that?

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  • State Bar of Arizona
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