Arizona Landlord and Tenant Duties

§ 33-1324. Landlord to maintain fit premises

A. The landlord shall:

1.  Comply with the requirements of applicable building codes materially affecting health and safety.

2.  Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

3.  Keep all common areas of the premises in a clean and safe condition.

4.  Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.

5.  Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

6.  Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

B.  If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.

C. The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

1.  The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.

2.  The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.

3.  The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

§ 33-1341. Tenant to maintain dwelling unit

The tenant shall:

1.  Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.

2.  Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.

3.  Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner.

4.  Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

5.  Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.

6.  Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

7.  Conduct himself and require other persons on the premises with his consent to conduct themselves in manner that will not disturb his neighbors' peaceful enjoyment of the premises.

8.  The tenant shall notify the landlord of any situation or occurrence that requires the landlord to provide maintenance, make repairs or otherwise requires the landlord to take action as prescribed in § 33-1324.

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