questions & answers

Question: I received a letter from the HOA and the property management company that the window screens need to be replaced or repaired. The screens are in the same condition as move in, less sun damage. My lease does not specify that they are my responsibility. Please advise.

Answer: I always recommend consulting the Arizona Residential Landlord Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf In the absence of a lease that provides to the contrary, your maintenance obligations are found in the Arizona Residential Landlord Tenant Act at A.R.S. 33-1341. It reads as follows: 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. If I were in your shoes, I would forward the HOA notice to the landlord and request that they deal with it. Absent a lease provision to the contrary or damage caused by you, it should be the landlord's obligation to maintain the exterior (roof, walls, coverings, etc.) Please note that I am providing general information based on my limited knowledge of your legal issue. I am not able to provide you with legal advice, and no attorney-client relationship is created hereby. You should consult a competent landlord-tenant attorney regarding any defenses/negotiations you may have in your case. I wish you the best.