Full question:
My tenant vacated the rental space that I leased out to him for a monthly rent of $900. I am not the kind of man who goes and inspects the rental space every now and then because it is an inconvenience to the tenants. When I inspected the rental unit after the tenant handed over the keys, I was shocked to see the condition of the unit. The door frames had cracks that ran into the walls, the toilet was a complete mess, sinks broken and the kitchen was in tatters. It is going to cost me a lot to get it fixed and restore the unit to its original state. What do I do in this situation?
- Category: Landlord Tenant
- Subcategory: Mitigate Damages
- Date:
- State: Arizona
Answer:
According to Arizona law (A.R.S. § 33-1341), tenants have specific responsibilities while occupying a rental unit. These include:
- Complying with health and safety building codes.
- Keeping the premises clean and safe.
- Properly disposing of waste.
- Maintaining plumbing fixtures in a clean condition.
- Using facilities and appliances reasonably.
- Avoiding deliberate or negligent damage to the premises.
- Conducting themselves in a manner that doesn’t disturb neighbors.
- Notifying the landlord in writing of needed repairs.
In your case, the tenant has likely violated these duties, which gives you certain rights. Under A.R.S. § 33-1368, you can recover reasonable damages resulting from the tenant's noncompliance, including court costs and attorney fees. Additionally, A.R.S. § 33-1321 allows you to apply the tenant's security deposit toward the repair costs.
After the tenancy ends, you must provide the tenant with an itemized list of any deductions from their security deposit within fourteen days. If the security deposit does not cover all repair costs, you can pursue the tenant for the remaining balance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.