questions & answers

Question: My landlord added a line in my lease that he can charge me for maintenance calls. I believed this to be for damage to the property that was our fault. After moving in we noticed a huge leek under the sink that was flooding onto the floor He charged us $75 for reporting the problem to him Then there was no hot water in the upstairs bathroom. Again he charged me $75. Is this legal? Isn’t it the landlords responsibility to maintain good plumbing? Do I really have to pay for him to repair someone else’s house?

Answer: As a general rule, the terms of a rental agreement freely entered into by a landlord and a tenant are enforceable so long as they are not unlawful. Arizona law does not say that a landlord and a tenant may not agree that the tenant will pay for maintenance calls – although the Arizona Residential Landlord and Tenant Act does hold the landlord responsible for maintaining all plumbing facilities and appliances “in good and safe working order and condition” and for supplying “reasonable amounts of hot water at all times” (A.R.S. 33-1324). If you would like to discuss your specific rental agreement with a legal advocate, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).