Is the Landlord or Tenant Responsible for Pest Control in Arizona?
The Arizona climate is considerably different than other parts of the country. With the Arizona heat comes a great deal of unwanted pests.Scorpions, black widow and brown recluse spiders, a variety of ants, and cockroaches all love to call this area home. Add to the fact that places like Arizona are major tourist destinations, and you can also add bed bugs to the mix of unwelcome pests.
Because of this keeping your rented home or apartment free of unwanted pests is essential to your health and happiness. Spider and scorpion bites can be very painful and dangerous as an example. So it is essential to have continual pest control services in your apartment to ensure that the residents are not harmed.
The question is, who is responsible for pest control services in Arizona, the landlord or the tenant?
LANDLORD RESPONSIBILITIES FOR PEST CONTROL
According to the Landlord Tenant Act (Title 33, Chapter 10, Article 2, Section 33-1324):
A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.
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 electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him.
5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.
6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
State law requires that the landlord keep the unit in properly maintained and habitable order for the rental lease to remain in effect. However, the law clearly states that if damages or other conditions cause the property to become uninhabitable, the landlord is not responsible for the damages.
WHEN IS THE LANDLORD RESPONSIBLE?
In most cases, it has been found that landlords are responsible for providing pest control prior to renting the property and if any pests are found within the first 30 days of a rental contract. After the 30 days, it is assumed that the pest infestations are caused by the liing habits of the renter.
For instance, a renter that does not properly dispose of garbage or has visitors that bring bed bugs into the home are responsible for ridding the apartment of the infestation. However, if the infestation is caused by something that happened to the house that the landlord has not repaired, such as a leaking roof, the pest control is the landlords responsibility, regardless of how much of the lease time passed.
For the landlord to be responsible legally for pest control services after the initial 30 days, it must be proven that their actions are responsible for the infestation.
WHAT RENTERS NEED TO DO BEFORE MOVING IN
It is very important for any renter to make sure that they clearly read the terms of their lease agreement before signing it and moving in. The responsibility for pest control services should be clearly stated in the contract. You will discover by reading the terms if the landlord will continue to provide services for pest control of if you are responsible.
If the terms for pest control are not in your contract, make sure that you ask about these terms and ask for them to be placed in writing. By having the terms in writing, you can guarantee that you will have continued pest control services either by the landlord or by yourself.
If you are required to provide your own services, you can have Bug Guardian Pest Prevention complete monthly treatments. Treatments that take place at longer intervals can allow many pests to enter the home.
Arizona is a wonderful place to live. However, all residents understand how important it is to keep unwanted pests out of their homes. Know the terms of your contract, and if necessary, sign up for pest control service to begin a month after you move in.