questions & answers

Question: I rented a house from my brother and sister in-law a few years ago, without a written rental agreement. Over the course of the rental period I mentioned to my brother to purchase a home waranty for the three properties that they own, including the one that I was in. At the time of rental, they were a happily married couple and since that time, they have separated. I am moving out of their home and purchasing my own home. Now my sister in law wants me to pay the cost of replacing a shower due to water damage in the walls. Am I liable?

Answer: The short answer is maybe. You are liable for damages you caused by your actions or failure to maintain anything that you were obligated to maintain under the lease. If this was damage that you were not aware of that occurred in the walls by no fault of your own, you should not be liable for it. If there was an obvious leak that you simply did nothing or failed to report about and they can prove that fact, you may be held liable. Specifically, you should reference A.R.S. 33-1341 and 33-1368 to determine your general obligations as a tenant and the consequences associated therewith. I always recommend consulting, and the foregoing statutes can be found in, the Arizona Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.