Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I moved in to my apartment on 6/8/18. On 8/20 I found bed bugs in my bedroom. I documented everything and my property manager said she would be sending the exterminator on 8/24 to start the treatment. My question is Who pays for the treatment? When I asked the property manager this she said the cost is split 50/50. On the lease it is NOT stated who is responsible. But, all of our furniture was purchased brand new after we moved in, so I do not believe I as the tenant should pay but I need clarity.

Answer: If the rental agreement does not specify who pays for bed bug treatment, then the landlord is responsible to pay.  A.R.S. Section 33-1319.  This section does not apply to a single family residence, but if you live in an apartment building, infestations can move from one apartment to another.  For this reason, the law makes the landlord responsible for bedbug treatment so long as the rental agreement does not contain contrary language and the landlord cannot show that you caused the infestation.  Having a home that is bedbug free falls under the landlord's obligation to maintain a fit and habitable premises.  (A.R.S.  33-1324)  You are required to notify the landlord of the infestation in writing to trigger his obligation.

QUESTIONS

  • I moved in to my apartment on 6/8/18. On 8/20 I found bed bugs in my bedroom. I documented everything and my property manager said she would be sending the exterminator on 8/24 to start the treatment. My question is Who pays for the treatment? When I asked the property manager this she said the cost is split 50/50. On the lease it is NOT stated who is responsible. But, all of our furniture was purchased brand new after we moved in, so I do not believe I as the tenant should pay but I need clarity.

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