questions & answers

Question: My husband and I are renting a home from an out of state owner. The property is managed by a property manager. We replaced the hallway carpet in February due to our pet rearing it up. Per our pet agreement it was our responsibility. 1 week later a hose under our hallway bathroom but and caused it to flood. Damaging the tile floor in the kitchen. Now they are trying to say we tampered with the hose and are responsible for half of the bill, inspection and replacement of the carpet. Can they do this?

Answer: The answer to this sort of question will always depend on which of the parties has the stronger argument and the better supporting evidence: the tenant, who claims that the landlord should be responsible under A.R.S. 33-1324 (which says that the landlord must “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”) because the tenant neither caused nor made the problem worse, or the landlord, who claims that the tenant caused the problem and should be responsible for fixing it pursuant to A.R.S. 33-1341 (which says that the 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”).