questions & answers

Question: The property management is asking that I completely replace the carpet in a bedroom. I disagree, and said that it could be easily fixed with spot treatment and carpet cleaning. As stated in the original lease document that I signed; number 8 states to return the house in "good condition with normal wear and tear." They informed me (over the phone) that "spots" smaller than a quarter would NEVER be considered normal wear and tear and would come back within three months of PROFESSIONAL carpet cleaning. I'm having a carpet company evaluate document. If the company agrees with me,w hat do I do?

Answer: Under Arizona law, a tenant must “exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted” (A.R.S. 33-321) and may not “deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so” (A.R.S. 33-1341). When something truly qualifies as “ordinary wear and tear,” the tenant generally will not be held responsible for repairing it. If, however, the spots on the carpet are more than “ordinary wear and tear,” but you believe, and a carpet company agrees (and, ideally, states in writing) that a professional carpet cleaning treatment would remove the spots permanently, then you may wish to send by registered or certified mail a formal written letter to the property management company (1) showing that the carpet company has told you that a professional treatment will remove the spots permanently and (2) offering to pay for that treatment.