Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I have a tenant that cannnot get their car in the garage as it scrapes the bottom going up the incline. What am I as a landord responsible for? They are getting notices about parking the cars illegally.

Answer: Most of your obligations (outside of whatever is in the lease and providing heat, A/C, water, etc.) are found in Arizona Revised Statutes 33-1324. I'm pasting the pertinent portion here: 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. If the tenant just has a low car and there is nothing non-standard about your garage, I do not believe you have any obligation to make modifications. Notwithstanding, please be mindful that, assuming this is an HOA, the HOA may ultimately hold you responsible for fines and can even lien your property for unpaid fines. Here is a link to the Arizona Residential Landlord Tenant Act containing the statutes I referenced and other helpful statutes. Please do be sure to comply with the specific notice requirements in each statute: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf