Repair requirement or tenant preference?

[Spencer Boerup]

I just had a new tenant move in (2b/2ba townhome, modest quality). They were far and above the best candidates but are only signed for 1 year as they just moved to my area for school and they want to maintain some flexibility as they are new to the area. They have been great in communication and background and credit check were perfect. 

After 1 day in they sent an email with photos of the inside of the kitchen cabinets, specifically some of the shelves. The shelves inside some of the cabinet doors are bowing in the middle. The cabinets are not new and not top grade and probably more than 20 years old. They're not terrible but they're not awesome, either. They also noticed in an outdoor carport garage (where laundry appliances are located) that some of those shelves are bowing, too. 

They requested these be replaced as the dishes "slide around". The previous tenants were there 2 years (homeowners in another area, relocated for temporary work requirement) and never had any issues with the property, and never anything with the kitchen.

The current tenants have never been homeowners and are younger, so their experience with what a landlord should fix out of preference vs what they are required to fix out of obligation is probably a gray area for them.

I am simply trying to verify that this repair request is a preference and not a legal requirement for health/sanitation or safety reasons. From my understanding of AZ law, the landlord is required to keep the property sanitary and clean (like with water supply, drainage, ventilation, appliances functioning, no mold, etc.). There isn't a possibility of danger nor risk of unsanitary conditions because some of the shelves in the cabinets are not flat or level.

To me, the shelves are there for convenience and not requirement, nor do they pose a safety hazard in their current state. With that said, it they place items on them and they crack or brake, I believe that is where the gray area may exist in their mind as to who is responsible.

I'd appreciate any guidance or insight on how to best respond. While on one hand, I am a responsible and generous landlord and prefer to treat good tenants well so that they continue to renew. But, I'm also hesitant to replace something that simply isn't to a standard they might have a preference for "better" and then set a precedent for future repair requests.

[David Lee Hall, III]

Simple future solution: flip the shelves every tenant. That way the weight will keep them from bowing over time. 

You aren't required to fix something like that (as least not in PA) but it is also a fairly cheap fix if you think you want to keep the tenants a long time. Of course I am assuming these are your typical adjustable shelves on entry level cabinets that you can remove. A single sheet of 3/4" plywood and a skill saw could replace any severally damaged ones in an hour. 

If they are not the type you can adjust/take-out, then it likely is a lack of face framing combined with humidity and weight over the years. You may be able to straighten them with some clamps and straight end and attach some 1x2" fame framing for support. 

Even a cheaper option would be to take that plywood and simply sit it on top of the existing shelving to provide a flat surface. 

"Sliding" can also be taken care of with some rubberish linears - something you can get for a few bucks at Wally World and can install with a pair of scissors in <15 minutes. 

I guess the real question is how bad is it? If they are reporting it within the normal move-in period, I would try to accommodate them, but wouldn't go overboard.