Legal Question in Landlord & Tenant Law in Arizona

I am a homeowner/landlord and a tenant of mine has a son that damaged some wet concrete in the community. The tenant's son is an 11 year old minor. The tenant argues that his son was with a group of boys and not acting alone. Six new slabs of concrete had to be re-laid. My tenants son admitted to writing his name on one of the slab as clearly evidenced, but admitted to no other damage (designs, shoe prints, etc...) The association only identified 3 of the boys and divided the costs between the three families. My tenant refuses to pay the amount billed, but says he will pay for one of the slabs (the one with their son's name on it). The association is coming after me to pay the remaining damages. Can they do this, or it a matter of how the CC&R's read regarding something like this?


Asked on 9/30/09, 2:36 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You are the responsible party as the homeowner. I am sure that the CC&Rs;provide that you are responsible for damage done to the common areas, whether you do it or your tenant, guests and invitees do the damage. If you have a written lease with your tenant, it should provide that the tenant is liable to you for all damage done by the occupants and their guests. If you don't have a written lease, then the Landlord Tenant Act will cover this situation. You may have to sue your tenant for the additional payment. Your tenant should be looking for the other boys involved, if he wants to reduce the amount of damages he must pay.

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Answered on 10/05/09, 3:27 pm


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