Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
This is one of a 4 part question, Would you sign a lease in AZ with the below language attached? Is it allowable according to the tenant/landlord act? I have 2 other clauses. 7. Tenants will indemnify and save Landlord harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by Tenants or by any person for whom Tenants are responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of Tenants or other person for whom Tenants are responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Lease will survive the termination of the Lease, notwithstanding anything in this Lease to the contrary.
Thank you for contacting the just answer team. Just a quick question so that I can best answer your question. Is this a residential or commercial lease?Thanks
It is a residential lease and the following are additioanl terms:
8. Tenant agrees that Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by Tenants or by any person for whom Tenants are responsible who may be on the Premises or for any loss of or damage or injury to any property, including cars and contents thereof belonging to Tenants or to any other person for whom Tenant is(are) responsible.
9. Each Tenant is responsible for any person or persons who are upon the or occupying the Premises or any other part of Landlord's premises at the request of Tenant, either express or implied, whether for the purposes of visiting Tenant, making deliveries, repairs or attending upon the Premises for any other reason. Without limiting the generality of the foregoing, each Tenant is responsible for all members of Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons.
10. Tenant's Personal Property and responsibility for Insurance Coverage. Landlord shall not be liable to Tenant, his family, employees or guests, for any damage to person or property caused by the acts or omissions of other residents or other persons, whether such persons be off the property of Landlord or on the property with or without permission of Landlord; nor shall Landlord be liable for losses or damages from theft, fire, water, rain, storm, explosion, sonic boom, or other causes whatsoever; nor shall Landlord be liable for loss or damages resulting from failure, interruption or malfunctions in the utilities provided to Tenant under this Lease. TENANT SHALL BE RESPONSIBLE FOR OBTAINING RENTER'S INSURANCE.
Yes, each of those clauses are standard lease terms, and do not violate the Arizona Landlord Tenant Act. These terms are just ways of the landlord attempting to protect themselves, and are standard "boilerplate" clauses for a residential lease. Keep in mind that such an agreement, while binding in general, will not prevent the landlord from being liable in the event that their negligence in maintaining the premises under the requirements of the Act leads to damages for either you or your guests, regardless of what the lease says. If something the landlord does, or fails to do, in the maintenance of the building leads to significant damages for you or a guest, they are still liable, no lease term can eliminate their responsibilities to you in regards XXXXX XXXXX the building safe and secure, so long as they have notice of any problems. So in answer to your question, if the place looks like its in good shape, and is well maintained, I wouldn't have a problem with signing such a lease agreement.I hope this helps, and thank you for the opportunity to answer your question. If you have any follow up questions, please do not hesitate to ask by clicking "reply". Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
Attorney
Licensed to practice law, I have experience in dealing with a wide variety of legal issues.