Picture
Under Arizona law, a landlord has duty to maintain a residential property.  The dwellings covered are apartments, Houses, mobile home parks and condominiums.  This means that the landlord shall:
     1. Comply with the requirements of applicable building codes materially affecting health and safety.
     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.

Picture
There are a few exceptions, for example, the landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties to maintain the property and also specified repairs, maintenance tasks, alterations and remodeling. However, such agreements are only valid if made in good faith, and not as part of the landlord's ulterior motive of evading the his obligations to maintain the property, and the agreed upon work must not be necessary to cure an existing noncompliance with landlord's duty to comply with building, health, safety and fire codes and make repairs materially affecting the habitablity of the property, and the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.


Bottom Line: If it is to be offered as a rental property, it must be kept in good, habitable condition.

 


Comments




Leave a Reply