Since the enactment of the Arizona Revised Statutes in 1901, commercial properties in Arizona have operated under different rules regarding maintenance compared to residential properties. For commercial tenancies, the lease agreement is the primary document dictating who pays for repairs and upkeep.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under Arizona Revised Statutes Title 33, Chapter 3Preview unavailable, which governs commercial landlord-tenant relationships. The Arizona Residential Landlord and Tenant Act (ARLTA) explicitly excludes commercial properties.

The Supremacy of the Lease Agreement

In Arizona, commercial landlords generally have no implied duty to make repairs to a leased commercial property.

Instead, maintenance and repair responsibilities are established entirely by negotiation during the lease drafting process. Because courts presume commercial parties are sophisticated enough to protect their own interests, they will almost always defer to the written lease, even if the terms heavily favor the landlord.

Common Lease Structures

How maintenance obligations are handled usually relies on the structure of the commercial lease:

Exceptions and Implied Duties

Even if the lease shifts all maintenance burdens to the tenant, Arizona common law imposes a few limitations on landlords:

1. The Covenant of Quiet Enjoyment

Every commercial lease in Arizona includes an implied covenant of quiet enjoyment. This means the landlord cannot act in a way that substantially interferes with the tenant's agreed-upon use of the property. For example, if the landlord retains responsibility for the roof and a severe, unaddressed leak makes the property unusable for the tenant's business, the landlord may be found to have breached this covenant.

2. Fraudulent Concealment

If a landlord had actual knowledge of a severe, latent defect at the time the lease was signed and actively concealed it from the tenant, the landlord can be held liable for damages resulting from that defect, regardless of an "as-is" clause in the lease.

3. Common Areas

In multi-tenant buildings (like shopping centers or office complexes), landlords almost always retain the responsibility to maintain the common areas (parking lots, lobbies, shared restrooms). However, the cost of this maintenance is typically passed through to the tenants as Common Area Maintenance (CAM) charges.

Best Practices for Commercial Landlords

• Define "Wear and Tear": Clearly define what constitutes "normal wear and tear" versus compensable damage in the lease agreement, as tenants are generally only responsible for returning the property in good condition barring ordinary use.
• Specify System Responsibilities: Don't just say "interior." Specifically state who is responsible for the HVAC system, plumbing, electrical, and the roof. If the tenant is responsible for the HVAC, the lease should require them to hold a regular preventative maintenance contract.
• Document Property Condition: Perform a thorough, documented walk-through with the tenant prior to move-in to establish a baseline for the property's condition.

How Landager Can Help

Keep track of complex maintenance responsibilities and CAM charge reconciliations with Landager. Store your lease agreements, track vendor invoices for common area upkeep, and clearly communicate maintenance requests digitally, ensuring both you and your tenants meet the obligations defined in your Arizona commercial lease.

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Arizona regulations.

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