questions & answers

Question: The house we are leasing has a converted garage that we were told is used as an office for the LL and he occasionally stays overnight when necessary. Although there is no mention of sharing the property in the lease, there is a small statement that the LL will pay $60 toward monthly rent for electricity. Isnt he liable for a share of all the utilities?Also, much if his behavior feels intrusive. What rights do we have re: Quiet Enjoyment?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), the specific rights and responsibilities of the landlord and the tenant are determined first and foremost by whatever specific terms and conditions are expressly stated in the residential lease or rental agreement, as long as those terms and conditions are consistent with applicable law (A.R.S. 33-1314). Ideally, the nature of your landlord’s continued use of the converted garage would have been described in detail in your rental agreement before you signed the lease and moved in. If you believe that your landlord’s use of utilities within the converted garage will amount to more than $60 per month averaged out through the term of the lease, then you certainly would have a good reason to ask that he pay his fair share. As for your landlord’s intrusiveness, ordinarily a landlord may enter a rented dwelling only (1) after providing the tenant with advance notice (except in the case of an emergency) and (2) for a limited number of purposes (for example, to make repairs) (A.R.S. 33-1343). It is difficult to say whether or not the fact that the lease specifies that your landlord will pay $60 each month would on its own be sufficient to show that you were fully aware of the extent to which he would continue to use the converted garage, but you have stated that you did know that he was going to be using it in some capacity. If now that you are actually living in the house, you are uncomfortable with the situation, which is different than you had expected, you may wish to propose to your landlord a different arrangement. And be sure to put it in writing.