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Old 04-22-2014, 07:55 PM
 
3 posts, read 12,025 times
Reputation: 10

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I am a renter in Arizona that is renting a house using the following lease agreement:

http://rentalleaseagreement.org/wp-c...-agreement.pdf

On page 4 of the PDF and page 3 as marked on the document, starting at line 118 it talks about maintenance responsibility. Front and back yard work on my lease agreement is marked as tenant responsibility.

So far to keep within this responsibility we have made sure to keep the premises clear of any weeds. However, we are approaching move out and the landlord is now making additional requests. He is stating that we need to prune the two palm trees on our property, trim another tree, and trim back a very large bush.

However, under Arizona Revised Statue 33 - 1324 subsection c, it states the following:

Quote:
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.
This states that for maintenance tasks the landlord must provide adequate consideration. The landlord in no ways provides any consideration for these tasks and frankly I believe that yard maintenance wouldn't specify having to have palm trees trimmed or bushes trimmed.

Is there anyone out there that may be able to shed a little more light on this situation as to whether or not I am responsible for any maintenance due to ARS 33 - 1324 and if not whether or not pruning the palm trees would be considered required yard maintenance.
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Old 04-22-2014, 08:00 PM
 
Location: The Triad
34,091 posts, read 82,473,972 times
Reputation: 43648
Quote:
Originally Posted by SamFink View Post
...the landlord is now making additional requests.
He is stating that we need to prune the two palm trees on our property,
trim another tree, and trim back a very large bush.
He's nuts. This isn't unusual though as it seems that all AZ LL's are nuts.

Tell him to pound sand.
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Old 04-22-2014, 08:26 PM
 
Location: Long Island, NY
1,898 posts, read 2,807,607 times
Reputation: 2558
The landlord can simply claim that your rent is lower than the market rate...thus the consideration.
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Old 04-22-2014, 08:50 PM
 
3 posts, read 12,025 times
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Quote:
Originally Posted by reenzz View Post
The landlord can simply claim that your rent is lower than the market rate...thus the consideration.
Based on the price of rentals near my current place this is not the case, but if it were could he say such a thing without actually specifying that the adequate consideration was a reduction in rent?
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Old 04-22-2014, 10:29 PM
 
Location: The Triad
34,091 posts, read 82,473,972 times
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Quote:
Originally Posted by SamFink View Post
Based on the price of rentals near my current place this is not the case, but if it were could he say such a thing without actually specifying that the adequate consideration was a reduction in rent?
The issue isn't about the money or work in exchange for... it's about the nature of the work.
Mowing a lawn, raking leaves, shoveling snow and similar basic level work only.

Work that requires special tools, special skill or special risk of injury? No.
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Old 04-23-2014, 01:18 AM
 
2,775 posts, read 3,730,531 times
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Quote:
Originally Posted by MrRational View Post
He's nuts. This isn't unusual though as it seems that all AZ LL's are nuts.

Tell him to pound sand.
You are absolutely right about that! I live in AZ and rent a house and have had LL's with ridiculous demands.
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Old 04-23-2014, 07:39 AM
 
Location: Morrisville, NC
9,123 posts, read 14,668,112 times
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So, on the flip side, we had a rental property in our neighborhood that had consistent issues with the tenants keeping up the lawn. How would a tenant feel if the landlord offered an option to pay an extra $50-$100 a month for a yard service or they had to do it?
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Old 04-23-2014, 04:12 PM
 
Location: The Triad
34,091 posts, read 82,473,972 times
Reputation: 43648
Quote:
Originally Posted by Sherifftruman View Post
...we had a rental property in our neighborhood that had consistent issues
with the tenants (not?) keeping up the lawn.
It happens. A lot actually. Whatever arrangement a LL may make with a tenant...
the **responsibility** as a property owner remains with the LL

Quote:
How would a tenant feel if...
Ask them. The LL should be expecting and including that expense to begin with.
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Old 04-23-2014, 08:07 PM
 
2,775 posts, read 3,730,531 times
Reputation: 2382
Quote:
Originally Posted by Sherifftruman View Post
So, on the flip side, we had a rental property in our neighborhood that had consistent issues with the tenants keeping up the lawn. How would a tenant feel if the landlord offered an option to pay an extra $50-$100 a month for a yard service or they had to do it?
That depends. I've always been good about yard maintenance and upkeep. My old LL, informed us that because he wanted an unlicensed contractor, Using material not rated for use with irrigation, to never use the driveway indefinitely, because doing so could cause the driveway to sink into the irrigation lines underneath. Yea, that was a fun, rather short, battle with him. Once again, AZ LL's are nuts.
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Old 04-24-2014, 11:59 AM
 
Location: Morrisville, NC
9,123 posts, read 14,668,112 times
Reputation: 8983
Quote:
Originally Posted by MrRational View Post
It happens. A lot actually. Whatever arrangement a LL may make with a tenant...
the **responsibility** as a property owner remains with the LL


Ask them. The LL should be expecting and including that expense to begin with.

This is not a situation that is ongoing, I was just wondering as much as anything else. And yes, I guess it would be more clear to say they were NOT keeping up the lawn. The only problem is that they would wait until the HOPA sent them a letter to mow, which meant it was 9" + most of the time. Of course, I thought the tenants were bad, but when the idiot property owner eventually almost lost the house and then sold it, they did nothing at all while the bank was circling them with notices on the door. To the point where the city actually was going to start fining them as it was 12-18" tall.
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