questions & answers

Question: We are preparing to sign a lease. The home was marketed as having a 'large fenced yard for kids and pets." Upon inspection, this 'fenced yard' has one full side of a metal fence completely fallen over, with metal sticking up, posing a safety hazard and not "fenced" for our dogs to be able to safely access the yard. The property mgmt. company said that they're aware of this, but the owner wants to focus on working on the house and not fence at this time. She said we can do something temporary (at our own expense) in the meantime, and possibly discuss this again in the future. Is this legal?

Answer: In such situations, it is always recommended that the tenant insist before signing a rental agreement or paying any money to the landlord that the landlord incorporate into the rental agreement itself – in detail – any promises or other commitments to make repairs or provide reimbursements to the tenant. Under Arizona law, it is generally very difficult for a tenant who has entered into a lease and moved onto a property to compel the landlord to fix major problems – the tenant should either go elsewhere from the start or get it in writing in as much detail as possible. Answered 12/22/19