questions & answers

Question: Owner of property i rent claims that half of my yard full of storm caused fallen palm fronds is just debris, not their problem, my responsibility. Since they have fallen..our home has been consumed with scorpions, my daughter even got stung by one couple days ago. My question is who is responsible for removal of the fronds and now the costs it will be for pest control?? Can i call services for each and demand it taken off my rent bill??

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” (A.R.S. 33-1324). When the rented property is a single-family dwelling, the landlord and tenant may agree in writing, supported by adequate consideration, that the tenant will perform some of the duties which are generally the responsibility of a landlord and also specified repairs, maintenance tasks, alterations, and remodeling, but this does not apply when the work is necessary to cure noncompliance with the requirement quoted above. If, even after the tenant has notified the landlord of the problem, the landlord remains in noncompliance with the landlord’s obligation to “maintain fit premises” under A.R.S. 33-1324 “and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater,” then tenant may either (1) go to court to recover damages from the landlord and/or obtain injunctive relief (A.R.S. 33-1361(B)) or (2) notify the landlord in writing of the tenant’s intention to correct the condition at the landlord’s expense. If, even after being notified by the tenant in writing, the landlord still fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, then the tenant may have the work “done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from the tenant’s rent the actual and reasonable cost of the work,” not exceeding either $300 or 1/2 of one month’s rent, whichever is greater (A.R.S. 33-1363(A)).