questions & answers

Question: There was a major issue with the plumbing and it backed up into my house. This is caused by a sagging pipe and the main line needs to be repaired. The owner is now trying to charge me for the work that was already done even though nothing was found blocking besides the pipe issues. Is this legal??

Answer: Under the Arizona Residential Landlord and Tenant Act (ARLTA), a landlord is required by law to (among other things) “comply with the requirements of applicable building codes materially affecting health and safety” (which directly address such “unhealthy conditions” (A.R.S. 9-1303)) “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances ... supplied or required to be supplied by him”; and “supply running water and reasonable amounts of hot water at all times ... (A.R.S. 33-1324). As a general rule, a tenant is only responsible for making related repairs if the problems in need of repair resulted from the tenant breaching their obligation to “not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so” (A.R.S. 33-1341).