Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Is a landlord responsible for scorpion control or is that considered routine pest control?

Answer: For assistance with your specific situation, consult with a licensed attorney.

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.  
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family residence  may agree in writing, supported by adequate  consideration, that the tenant perform the landlord 's  duties specified in subsection A, paragraphs 5 and  6 of  this section, and also specified repairs, maintenance   tasks, alterations and remodeling, but only if the  transaction is entered into in good faith, not for  the  purpose of evading the obligations of the landlord  and  the work is not necessary to cure noncompliance with  subsection A, paragraphs 1 and 2 of this section.  
D. The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:  
1. The agreement of the parties is entered into in  good  faith and not for the purpose of evading the obligations  of the landlord and is set forth in a separate writing  signed by the parties and supported by adequate  consideration.  
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.  
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.   

Because there is nothing specifically about pest control in the act, this is something that was likely specified in the lease agreement.  If the lease says that the tenant is responsible for pest control, then it is likely that the landlord is not obligated to take care of the situation unless it reaches a point where the unit is no longer habitable.

For the full text of the Landlord Tenant Act: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf

For a summary of the rights and responsibilities of residents: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf

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