Lease for Single Family Residence Can Allocate Maintenance and Repair of the Sprinkler System to the Tenant
FACTS: The residential lease agreement for the single-family residence requires the tenant to maintain the yard, including the low-voltage lights and the sprinkler system. The sprinkler system recently sprung a significant leak. The tenant turned off the sprinkler system to avoid flooding, but now the plants are dying. The tenant claims the Residential Landlord Tenant Act requires the landlord to repair the sprinkler system.
ISSUE: Is the landlord required to repair the sprinkler system?
ANSWER: No.
DISCUSSION:
The Residential Landlord Tenant Act allows the parties to agree in a rental agreement that the tenant is required to repair and maintain certain items, including the yard and related systems.
A.R.S. §. 33-1324(C). Accordingly, the Residential Landlord Tenant Act does not require the landlord to repair the sprinkler system based on the language in the lease. Rather, the tenant is obligated to make the repairs based on the parties’ agreement.