questions & answers

Question: My lease states that we are responsible for the "care and maintenance" of the appliances, the glass stove top broke during normal use and the landlord is requesting that we pay for it. If the appliance breaks under normal use, is that our fault? Are we responsible for it under "care and maintenance" ?

Answer: This is for informational purposes only; you may want to contact an attorney for legal advice. Under A.R.S. 33-1324. Landlord to maintain fit premises: 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.