questions & answers
Question: My Tenant's dog drank pool water and died, as the Owner am I responsible for the death of the dog and the vet cost before it died?
Answer: For assistance with your specific situation, consult with a licensed attorney.
The Landlord Tenant Act outlines the responsibilities of the landlord to maintain fit premises. One aspect of this is to keep common areas in a safe condition. In the event that the landlord fails to keep the common area in a safe condition or fails to properly warn tenants about any potentially unsafe condition, he may be held liable for and injuries.
The text of the law that outlines these specific duties is below. Landlord Tenant Act (Title 33, Chapter 10, Article 2, Section 33-1324): 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.
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. 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 specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1
and 2 of this section.
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
For the full text of the Landlord Tenant Act, visit: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf For general information on the rights and responsibilities of tenants, visit: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf
My Tenant's dog drank pool water and died, as the Owner am I responsible for the death of the dog and the vet cost before it died?
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program
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