Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I live in a rental apartment. The microwave oven door fell apart and when I called to have it repaired I was charged for the repairs which cost more than if I had replaced the oven. There are also fees that were added on for community amenities that were not listed in the lease, such as community electricity and common gas, and valet waste and waste management. ?Can the apartment complex charge me for these even though they are not listed in the lease?

Answer: The specific terms and conditions included in a lease or other rental agreement generally determine in advance what a landlord may and may not do (A.R.S. 33-1314). If a lease does not expressly state that certain additional fees either will or may be added to the rent, then the tenant generally cannot be required by the landlord to pay those fees during the term of the rental agreement. With regard to the microwave, a tenant who believes that a landlord is charging for repairs for which the landlord should be responsible or that a landlord is claiming to have unavoidably incurred a cost that is excessive or otherwise unreasonable, then the tenant may wish to state this objection (and the reasons for it) in the form of a written letter delivered to the landlord. It is always advised that communications between tenants and landlords take place through detailed signed and dated writings.

QUESTIONS

  • I live in a rental apartment. The microwave oven door fell apart and when I called to have it repaired I was charged for the repairs which cost more than if I had replaced the oven. There are also fees that were added on for community amenities that were not listed in the lease, such as community electricity and common gas, and valet waste and waste management. ?Can the apartment complex charge me for these even though they are not listed in the lease?

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  • State Bar of Arizona
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