questions & answers

Question: I am renting a house and the lease states renters are responsible for "yard maintenance." A storm broke 3 large branches on a tree in the backyard, one of which is laying on the patio canopy. The landlord said "I am responsible for yard maintenance. They will pay for any damages." I believe a tree nearly destroyed by a storm is different than yard maintenance and the landlord should have the branches removed and make the determination as to whether the tree should also be removed. Is it legal for them to force the cost of this clean up and potential tree removal on me?

Answer: If the rental agreement does not elaborate on term "yard maintenance" than you may wish to speak with an attorney to review your lease. The following statute explains the obligations of a landlord.

A.R.S. §33-1324 A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph. C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section. D. 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 subsection A, paragraphs 1 and 2 of this section. 3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. For a list of landlord responsibilities, please visit: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf For legal advice regarding your issue, please contact a licensed attorney.