questions & answers

Question: I am the landlord and the water heater caused extensive water damage. The tenant broke her hip ( not as a result to the damage) and she is now under 24 hour care due to her mental state.83 years old I am being pressured to pay for her full time care while the house is being repaired. What is my responsibility for her living conditions while the house is being repaired?

Answer: Under the Arizona Residential Landlord and Tenant Act, a tenant who must vacate a residential dwelling while repairs are undertaken may be excused from paying rent to the landlord for that period and, if the cost of temporary “reasonable substitute housing” exceeds the amount of the tenant’s rent, also may recover up to 25% (but no more) of the additional expense from the landlord (A.R.S. 13-1364). As a general rule, a landlord in such situations is obligated only to ensure that the tenant continues to have access (through temporary housing) to a habitable dwelling during the period in which he/she cannot reside in the residential property that is the subject of the rental agreement. Absent an explicit provision in the lease requiring you, as the landlord, to provide full-time care for the tenant, it seems improbable that you could be compelled to furnish it now. Even if the kind of care that the tenant requires is directly related to her temporary housing situation, any claim for compensation that she or her representatives might make against you would very likely lie outside the realm of landlord/tenant law. Any arrangements you make with the tenant or her relatives or caregivers should be stated in writing for your protection. If you are concerned about your personal liability, you may wish to speak with an attorney.