Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If I am moving out of home that I am renting and there are damages made on my behalf, Can I repair on my own before I move out or does the landlord have the right to do repairs themselves and charge me?

Answer: As a general rule, unless the rental agreement says otherwise, tenants ideally should receive permission from their landlords before they make anything other than minor repairs to the premises. If you want to make major repairs to the home yourself and/or you are concerned that after you leave the landlord may spend more money than is necessary to have someone else make those repairs, then you may wish to get a professional estimate and try to negotiate an acceptable arrangement with the landlord. You undoubtedly would not want to put yourself in a situation where the landlord might claim that you violated your obligation as a tenant to (among other things) “not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises” and “promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs” (A.R.S. 33-1341).