Are landlords responsible for pest control in Arizona? This is a common question that tenants often ask. However, the answer is never straightforward. And as with many other things in life, it depends!
And specifically, it depends on a variety of factors, including the state law, as well as what caused the infestation in the first place.
In this blog, we’ll walk you through everything you need to know regarding responsibility for pest control in Arizona.
Are Landlords Responsible For Pest Control In Arizona?
What types of pests are common in Arizona?
The following pests are common in Arizona.
Scorpions – They are common during the hot summer months. They can be found in dark, moist areas of a home.
Termites – If ignored, these can cause significant damage to a home. They usually enter a home through openings, such as cracks in the foundation and around windows and doors.
Spiders – These are attracted to light and moisture. They are common in garages, attics, and basements.
Ants – These are also common in Arizona. They are attracted to food and moisture.
Rodents – Mice and rats are a problem for Arizona tenants, as well. They are attracted to food and shelter.
Bed Bugs – They are becoming a growing problem in Arizona. These pests are usually found in furniture, beds, and other areas where people sleep because they feast on blood.
These can cause significant damage to a home. From wood damage, to electrical damage, to insulation damage, to food contamination, to mold growth.
The cost of repairing pest damage is steep, too. According to Angie’s List, severe termite damage can cost you anywhere between $3,000 and $6,000 to fix. Bed bug extermination also doesn’t come cheap. According to Forbes.com, eliminating bed bugs can cost you from $4,000 to $8,000.
What are the telltale signs that your Arizona home needs pest control?
The following are telltale signs that your Arizona home needs pest control.
You can see pests. If you can see bed bugs, roaches, ants, rodents, or other pests, then it’s time to call pest control services.
There are visible signs of pests. Just because you can’t see a pest doesn’t mean there aren’t any. Look for signs, which may include eggs, webs, droppings, or damage to your home.
You can smell pests. Some pests such as cockroaches and rodents have a distinctive odor. The smell ranges from musty to ammonia-like. If you notice such smells, your home could be infested by pests.
You can hear pests. Some pests make noise. Rats and mice, for example, like crawling, squeaking, thumping, chewing, and scratching.
You notice health issues. Some pests can also impact your health and/or that of your loved ones. Bed bugs can cause itching and loss of sleep. Rodents can carry Salmonella bacteria that can cause illness in both humans and pets. Termites can lead to allergic reactions and even asthma attacks. The list goes on and on and on…
When are landlords responsible for pest control in Arizona?
Generally speaking, Arizona landlords are responsible for pest control in a rental property. The implied warranty of habitability (ARS §33.1341) requires landlords to provide a vermin-free property.
What’s more, state law also requires that landlords provide their tenants with educational material about bed bugs.
So, basically, landlords are only required to provide pest control prior to renting out the property. You may also be able to hold your landlord liable for repair if the lease states expressly that the landlord is responsible for pest control.
When are tenants responsible for pest control in Arizona?
In Arizona, a tenant becomes responsible for pest control if the infestation arises from their negligent actions. For instance, if you bring bed bugs into the property.
You may also be responsible for pest control if you fail to report a defect in the property. For instance, if you are aware of a hole or crack that’s allowing pets into the property and you’ve failed to notify the landlord within a reasonable time.
That’s why it’s important to understand your responsibilities under the lease. Aside from keeping the property free from pests, other responsibilities tenants have under the AR Landlord & Tenant Act include the following.
Paying rent on time, every month.
Using the property for its intended purposes.
Keeping fixtures clean and sanitary.
Making small repairs and maintenance.
Respecting the peace and quiet of other neighbors and tenants.
How long does a landlord have to do pest control in Alabama?
If the landlord is responsible for pest control, then they must provide it within a reasonable time frame.
Once you notice the problem, let the landlord know immediately. Ideally, report the issue within 24-48 hours. Do so in writing. Once the landlord has received the notice, they will have a maximum of 5 days to act.
Next, the landlord may request entry to the unit. If they do, they must provide you with a notice of at least 2 days in advance. This is as per Arizona landlord entry rules. The entry must also be during normal business hours, unless you agree to another time.
However, if the landlord chooses to ignore the issue, then you may be able to exercise some legal rights. Including:
Repairing the issue yourself and then deducting the repair costs from future rent payments.
Obtain a court order for repairs or compensation.
Please note that withholding rent isn’t a legal option for tenants in Arizona when it comes to repair issues.
Can you break a lease due to roaches in Arizona?
Yes! Just like other pest infestations, Arizona habitability laws permit tenants to break their lease due to health concerns.
Please note, however, that the issue must be truly serious. What’s more, the infestation must have occurred due to the landlord’s negligent actions. For example, not handling the infestation within the specified time frame (between 5 and 10 days after proper notification).
Conclusion
So, are landlords responsible for pest control in Arizona? As you can see from the information above, the answer is far from being straightforward. The responsibility will depend on who between the landlord and tenant caused it in the first place. If it’s the landlord’s, then they will need to repair it within 5 days if the infestation is very serious.
However, if you’re the cause of the infestation, then the responsibility for repair will be solely yours!
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.
