questions & answers

Question: We found out that ants our living in our walls. The property manager say's it is our responsibility to take care of all pest related issues for the mobile home we rent. If they are living in wall and we keep spraying, but they keep coming in is it really our responsibility to hire a pest control company to rid the home of ants in the walls?

Answer: If you have a written lease, you should look to that lease for additional guidance. There is also guidance in the Arizona Revised Statutes. Specifically, A.R.S. 33-1434 may have a bearing on this issue. It requires the landlord to, among other things: 1. Comply with the requirements of all applicable city, county and state codes materially affecting health and safety. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all swimming pool, shower, bathhouse, electrical, plumbing and sanitary facilities, including the recreational hall or meeting facilities supplied or required to be supplied or maintained by him. 5. Provide for removal of garbage, rubbish, and other waste incidental to the occupancy of the mobile home space. 6. Furnish outlets for electric, water and sewer services. The landlord shall also furnish a prospective tenant with information concerning the type, size and power rating of all electrical, water and sewer connections. If there is nothing in the lease to the contrary, you are living in a park unit, and it appears that the problem existed when you moved in, you may have an argument that the landlord has the obligation to eradicate the ants under A.R.S. 33-1434. If it is the landlord's obligation, then you may proceed under A.R.S. 33-1471, which reads as follows: 33-1471. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space shall be vacated as provided in the notice subject to the following: 1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. 2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent. B. Except as provided in this chapter, the tenant may recover damages, and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 33-1434. C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section. D. If the rental agreement is terminated, the landlord shall return all deposits less reasonable damages. Please note that I am providing general information based on the limited information available to me. I am unable to provide you with legal advice, and answering your question does not create an attorney-client relationship. I wish you the best with your issue and in general.