Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I wanted to know if a landlord can charge me for a damaged wood gate in the backyard? Can it be taken out of my deposit? The gate was never maintenance and it was not on the lease?

Answer: Under A.R.S. 33-1324 of the Arizona Residential Landlord and Tenant Act, a tenant must “not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.” Any tenant who is responsible for damage to the premises beyond “ordinary wear and tear” (A.R.S. 33-321) may be charged by the landlord for the cost of repairs. The answer to the question of whether a tenant may be charged by the landlord for the cost of repairing specific damage therefore will depend on (1) whether the damage is beyond ordinary wear and tear, (2) whether the tenant caused or facilitated the damage, and (3) whether the damage occurred within or on the rented premises. (If the damage occurred off the rented premises, then the landlord may need to sue for compensation independently, as any other person would.)