questions & answers

Question: We have been complaining about roach problem for 6 months. We had pest control come and sprayed again and again to no avail. We pay rent but living in roach infested apartment with our kids is becoming nuisance since they are everywhere. What can we do? They are sending another pest control person in few days. Help

Answer: The Arizona Residential Landlord and Tenant Act (ARLTA) requires a tenant to “keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit” and to “dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner” (A.R.S. 33-1341) while the landlord must “comply with the requirements of applicable building codes materially affecting health and safety”; “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; and “keep all common areas of the premises in a clean and safe condition” (A.R.S. 33-1324). Given that an “infestation of insects, vermin or rodents” is considered to be condition materially affecting health and safety (A.R.S. 9-1303), as a general rule pest control is the landlord’s responsibility so long as the problem is not the result of some act or omission on the part of the tenant. Even if the infestation is a serious one, a tenant may not withhold all or part of their rent in an effort to try to compel the landlord to fix the problem. If the infestation is a serious one, the tenant may sue for damages (A.R.S. 33-1361(B)). A tenant who wishes to terminate the rental agreement because their landlord has violated the obligation to “maintain fit premises” is permitted by the ARLTA to deliver a written notice to the landlord identifying the violation and stating that the rental agreement will terminate ten days after receipt of the notice if the violation is not fixed within ten days (or, if the problem is materially affecting the tenant’s health and safety, that the rental agreement will terminate five days after receipt of the notice if the violation is not fixed within five days) (A.R.S. 33-1361(A)). A tenant who wishes to terminate a rental agreement on these grounds should document carefully both the condition of the dwelling (with photographs or video and witnesses) and the tenant’s attempts to notify the landlord of the problem.