Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Is the landlord obligated to provide pesticide treatment if the tenant reports that he found a few roaches. The pesticide treatment on the lease was left blank. The other items were checked on the lease.

Answer: Although the Arizona Residential Landlord and Tenant Act does not specify either when or whether the landlord or the tenant is responsible for pest control, section 33-1324 says that it is the responsibility of the landlord to (among other things) “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; “keep all common areas of the premises in a clean and safe condition”; and “comply with the requirements of applicable building codes materially affecting health and safety.” One condition which is classified as representing a threat to health and safety is “inadequate sanitation ... including the following: Infestation of insects, vermin or rodents” (A.R.S. 9-1303).