Detailed answer — what a life tenant must do to care for property in Arizona

When someone holds a life estate (is a life tenant) in Arizona, they generally have the right to possess and use the property for the duration of their life. That right comes with duties to preserve the property’s value for the future owner (the remainderman). Arizona follows the common-law doctrine of waste, so a life tenant must avoid conduct that damages or substantially reduces the property’s value.

Key duties summarized

• No voluntary waste: The life tenant may not deliberately damage the property, remove valuable structures or fixtures, or strip valuable materials (for example, tearing out built-in cabinetry or removing limestone facing for sale) if those actions reduce the future value.
• No permissive waste: The life tenant must perform ordinary upkeep to prevent deterioration from neglect. Reasonable repairs and routine maintenance (roof patches, plumbing fixes, HVAC servicing, yard care) are generally required to avoid permissive waste.
• No ameliorative waste without consent: The life tenant should not materially change the property’s character (for example, converting a single-family house into a commercial use or demolishing a historic portion) in a way that reduces the remainderman’s interest — unless the remainderman consents or the change increases value and is permitted by law or local zoning.
• Taxes, assessments, and encumbrances: Under common-law principles that Arizona courts apply to life estates, the life tenant normally pays ordinary property taxes and interest on mortgages or liens attributable to the life estate’s use and possession. The remainderman typically remains responsible for payment of the principal on a mortgage unless the parties agree otherwise.

What counts as “ordinary” repairs?

Ordinary repairs and routine maintenance include actions necessary to keep the property in substantially the same condition: fixing leaks, repairing broken windows, addressing pest infestation, servicing mechanical systems, replacing worn roofing shingles, and similar work. Major structural replacements or improvements (for example, rebuilding a collapsed roof or reconstructing an entire wing) can cross into items that affect the capital value and may be handled differently between life tenant and remainderman.

Who pays for major repairs or improvements?

There is no single Arizona statute that automatically requires the life tenant to pay for all major repairs. Rather, courts look to the nature of the repair, the terms of the deed creating the life estate, and equitable principles. In practice:

• If a repair is necessary to prevent imminent destruction or irreparable loss, a court may require the life tenant to act or allow the remainderman to step in and seek recovery from the life tenant.
• If a remainderman performs repairs to preserve value, they may seek reimbursement or place a lien in some circumstances; often a court will decide the proper allocation based on fairness and the parties’ conduct.
• Parties frequently resolve these issues by agreement: the life tenant pays routine upkeep; the remainderman funds major capital improvements, or costs are shared in a negotiated split.

Remedies available to the remainderman

If a life tenant commits waste or neglects necessary repairs, the remainderman can pursue remedies in Arizona state court. Typical remedies include:

• Injunctions to stop continuing waste or to compel necessary repairs.
• Damages to compensate for loss of value caused by waste.
• Accounting and reimbursement if the remainderman paid for repairs the life tenant should have handled.

Where to find Arizona statutes and related law

Arizona does not consolidate a single statute that spells out every duty of a life tenant; duties arise from deed language, common-law doctrines (waste), and related statutes on property and probate. Helpful statutory resources include the Arizona Revised Statutes on property and estates:

• Arizona Revised Statutes — Title 33, Property (general property law)
• Arizona Revised Statutes — Title 14, Trusts, Decedents’ Estates and Fiduciary Relations (estate and probate provisions)
• Arizona Revised Statutes — Title 42, Taxation (property tax rules)

Because many life estate disputes turn on the deed’s wording and the facts (what repairs were needed, who acted, and how the parties communicated), courts resolve disputes by applying equitable principles and common-law doctrines of waste rather than a single controlling statute.

Practical examples

• If a life tenant replaces a broken window and pays the normal cost, that is routine repair and usually their responsibility.
• If the life tenant intentionally tears out historic built-ins and sells them to raise cash, that likely counts as voluntary waste and could lead to damages.
• If a roof collapses because of long-term neglect, a court may find permissive waste and require the life tenant to contribute to repairs or allow the remainderman to repair and seek reimbursement.

When to get a lawyer

Talk to a real property attorney if:

• There is disagreement about whether neglect or a particular action counts as waste.
• Large repairs or demolition are necessary or planned.
• You need an injunction, accounting, or a court order to preserve the property.

Helpful hints — practical steps for life tenants and remaindermen in Arizona

• Review the deed creating the life estate carefully; the document may modify default obligations.
• Keep records: document inspections, repairs, invoices, and communications about maintenance.
• Pay ordinary property taxes and insurance timely to avoid liens or loss of value; consult the deed or an attorney about mortgage-payment responsibilities.
• Before making major changes, get written consent from the remainderman or a court order to reduce the risk of a waste claim.
• If repairs are substantial and the parties can negotiate, put any agreement in writing to allocate cost and reimbursement terms.
• If you are unsure whether an action will be treated as waste, consult an Arizona real property attorney early to avoid costly litigation.
• For quick statutory reference, visit the Arizona Legislature’s site for Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33.

Remember: this article explains general rules. Specific outcomes depend on the deed language, the exact facts, and Arizona court decisions. Consult a licensed Arizona attorney to evaluate your situation and protect your rights.