questions & answers

Question: I live in a apartment complex. I have been here for about 5 years. I had moved to a bigger unit about 4 years ago . recently moved to another bigger unit in April. So it was brought to my attention that on the last unit I moved from carpet had to be replaced so I owe $430... and now they are stating that I also owe from the previous unit I had moved from 3 years ago. I hadn't of heard about this balance before. Can they do this? what can I do about it?

Answer: Given how much the landlord is demanding, it might be wise to contact an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice). Under the Arizona Residential Landlord and Tenant Act (ARLTA), the tenant 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). It is the responsibility of the tenant to “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). If the tenant were responsible under either the ARLTA or the rental agreement to replace the carpets, it is worth noting that the statute of limitations for breach of a written contract is 6 years while the statute of limitations for breach of an oral contract is 3 years but the equitable doctrine of laches prevents claimants from initiating lawsuits after an unreasonable period of time.