questions & answers

Question: We have a 1 yr old and when we moved in last oct2015, there was cockroaches in the bathroom. We have cleaned spotlessly, and even bombed the place, yet they just keep coming. For a while, they had their own bug guy come in and treat our apartment once we moved in, but now they stopped. We canot get rid of them!!!! I'm so sick of them biting us, and my daughter somehow eating dead ones. What can we do?!?!? This is our main concern, as they don't do a great job anyways.

Answer: The answer to this question is governed by the Arizona Landlord/Tenant Act  in Title 33 of the Arizona Revised Statutes.  The landlord has a duty to maintain a fit and habitable premises pursuant to A.R.S. 33-1324.  Does the statute apply to an infestation of cockroaches?  Yes.  The Landlord/Tenant Act incorporates A.R.S. 9-1303 which outlines the things that make a residence healthy and safe for habitation.  One of the things the statute lists as affecting the health and safety of occupants is "(i)  Infestation of insects."  This  means the landlord is required to remedy an infestation of cockroaches.  The tenant's remedies for the landlord's failure to maintain the premises are listed in 33-1361.  It states: "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 5 days after receipt of the notice if the breach is not remedied in five days."  In other words, the law requires the tenant to give written notice to the landlord of the cockroach infestation, letting him know it is a violation of the health and safety requirements.  Include in the written notice that the lease will be terminated if  the landlord does not take steps to fix the problem within 5 days of the date he received the notice.