Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Toilet's blocked by flushing sanitary towels down the toilet. Who pays? Landlord or tenant?

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “maintain in good and safe working order and condition all ... plumbing ... facilities and appliances” (A.R.S. 33-1324), while tenants are required to “use in a reasonable manner all ... plumbing ... facilities and appliances” and “not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises” (A.R.S. 33-1341). As a general rule, this means that if the tenant (or a guest of the tenant) caused the problem in need of repair (or made it worse) through deliberate, negligent, or unreasonable conduct, then the tenant should pay for the repair, but if not then the landlord should pay for the repair.