Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My husband and I moved 3 weeks ago in a home that was vacant for three months prior to us .we moved hear from California and I bought all new bedding and linen few days after moving. My sofa is also brand new. I have never had bed begs be for in my life so they didn't come from my home in California. About four days ago noticed bites and scratching I thought it might be my nerves or because of dusting wind out side ...no it's bedbugs .and  I can see them coming out cracks of walls so house had them before hand.

Answer: Arizona's bedbug law is here: 33-1319. Bedbug control; landlord and tenant obligations; definitions A. A landlord has the following obligations with respect to a bedbug infestation: 1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include: (a) A description of measures that may be taken to prevent and control bedbugs. (b) Information about bedbugs, including a description of their appearance. (c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions. (d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies. (e) Information provided by federal, state or local housing agencies. (f) Information provided by nonprofit housing organizations. (g) Information developed by the landlord. 2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation. B. A tenant has the following obligations with respect to a bedbug infestation: 1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs. 2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs. C. This section does not limit any other rights, remedies and obligations under this chapter. D. The landlord and tenant of a single family residence are excluded from the provisions of this section. E. Except as specifically provided in this section, this section does not create a cause of action against: 1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs. 2. A tenant by a landlord for any damages caused by bedbugs. F. For the purposes of this section: 1. "Bedbugs" means any insect in the genus cimex and its eggs. 2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests. You should consider immediately giving written notice pursuant to A.R.S. 33-1361 (below) and demand that the landlord retain and pay for bedbug remediation. You should include in writing that you purchased all new items and that it is apparent that the bedbugs were there before you were. You have the right to terminate the lease pursuant to 33-1361 if the landlord does not comply and you can demonstrate that the bedbugs did not come with you. 33-1361. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, 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 ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 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 five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit 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 the tenant's family or other person on the premises with the tenant's 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 with section 33-1318 or 33-1324. 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 security recoverable by the tenant under section 33-1321. Also important to note is A.R.S. 33-1324 below. It tells you what the basic landlord obligations are including maintaining fit premises: 33-1361. Noncompliance by the landlord A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, 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 ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 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 five days after receipt of the notice if the breach is not remedied in five days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit 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 the tenant's family or other person on the premises with the tenant's 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 with section 33-1318 or 33-1324. 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 security recoverable by the tenant under section 33-1321. Please note that I am providing general information based on the limited information available to me. I am unable to provide legal advice, and this information does not create an attorney-client relationship. I wish you the best. You should have access to the Arizona Residential Landlord Tenant Act for this and any future issues. Here's the link: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf

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QUESTIONS

  • My husband and I moved 3 weeks ago in a home that was vacant for three months prior to us .we moved hear from California and I bought all new bedding and linen few days after moving. My sofa is also brand new. I have never had bed begs be for in my life so they didn't come from my home in California. About four days ago noticed bites and scratching I thought it might be my nerves or because of dusting wind out side ...no it's bedbugs .and  I can see them coming out cracks of walls so house had them before hand.

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