FACTS: A landlord owns a single family residence.  Landlord and tenant executed an Arizona REALTORS® Residential Lease Agreement (“Lease”). The Lease states, “Tenant shall … dispose of all ashes, rubbish, garbage and other waste.” 

The tenant states this request is illegal pursuant to the Arizona Residential Landlord and Tenant Act (“ARLTA”) § 33-1324(A)(5), which states: The Landlord shall provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

ISSUE: Can a landlord require the tenant to pay for his own trash service?

ANSWER: Yes.

DISCUSSION:         

ARLTA § 33-1324(C) states: The landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord’s duties specified in subsection A, paragraph 5.

Therefore, the Landlord is not required to remove the tenant’s trash.