§ 7.2.1.5 Maintenance, Damage, Destruction, and Tenant Improvements.

• Jurisdiction: Arizona

§ 7.2.1.5 Maintenance, Damage, Destruction, and Tenant Improvements. The common law assigned the tenant the obligation to maintain and repair the property, reasonable wear and tear excepted, unless the landlord and tenant had shifted the responsibility to the landlord. 1 American Law of Property § 3.78 (A. Casner ed. 1952) ; 2 R. Powell, The Law of Real Property § 233 (P. Rohan ed. 1975) . This rule is codified in A.R.S. § 33-321 , providing that “a tenant shall exercise diligence to maintain the premises in as good condition as when he took possession, ordinary wear and tear excepted.” The Arizona Supreme Court has stated: “[I]n the absence of an agreement to the contrary the lessor is not obligated to make repairs upon demised premises or to keep them in repair during the term of the lease.” Friedman v. Le Noir, 73 Ariz. 333, 335, 241 P.2d 779, 780 (1952) . The Arizona Court of Appeals found an “agreement to the contrary” and held the lessor liable to rebuild the leased premises in Rose v. Freeway Aviation, 120 Ariz. 298, 585 P.2d 907 (Ct. App. 1978) . In that case, the leased premises had been destroyed by a windstorm, and, in response to the tenant’s...