questions & answers

Question: If amenities are included in our rent but they shut down every single one of them due to the COVID 19 (2 pools, business center, exercise room, tennis court, all BBQ patios), should we still be charged for this? It is an extra $50.00 on our monthly statement.

Answer: As a general rule, if it becomes impossible for one of the parties to a contract to perform their obligations under the contract, then that party is legally excused from performing the obligation and is therefore not considered to be in violation of the contract. This means that if a landlord were to remove their tenants’ access to non-essential community amenities in an emergency due to a government order or guidance, then the landlord would probably not be required by law to lower the amount of rent charged. Any tenant who would like to discuss their specific situation with a legal advocate may apply for free or low-cost legal services here: http://www.azlawhelp.org/accessToJustice.