Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I’ve lived in my apartment for 8 years and they have never replaced my carpet. Is there any law that will force the property managers to replace my carpet.

Answer: Under Arizona Revised Statutes 33-1324, the landlord has the obligation to "keep the premises in a fit and habitable condition (statute pasted below). There is no specific requirement that the landlord replace the carpet on a regular basis unless it is found in your lease. I think it may not hurt to ask, especially at a renewal time. Here is the pertinent part of the statute: 33-1324. Landlord to maintain fit premises A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. Here is a link to the Arizona Residential Landlord Tenant Act containing that statute and others that may be helpful: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf I wish you the best.