Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My apartment is having a cockroach problem. The people have sprayed buy they still aren't going away. Can I do anything since they have actually been trying? Or am I able to take action since the problem still persists?

Answer: Your general rights under the Arizona Residential Landlord Tenant Act can be found here: http://www.azhousing.gov/ShowPage.aspx?ID=484&CID=11 Generally, and pursuant to A.R.S. 33-1324, the landlord is required to maintain fit and clean premises. If the continued cockroach problem is not caused by you as the tenant, you are permitted to take action pursuant to A.R.S. 33-1361 up to and including giving proper notice that the lease will terminate in 10 days if the infestation is not remedied (or 5 days notice if the issue "materially affect[s] health and safety.") and pursuant to the same statute -- and thereafter terminating the lease. Alternatively, you are permitted to utilize self-help pursuant to A.R.S. 33-1363 up to the amount of the greater of $300 or 1/2 of monthly rent to correct an improper condition. This also requires notice pursuant to the same statute. Note that a landlord has a defense if any condition is caused by the tenant or a guest of the tenant.