questions & answers

Question: I have 2 children under 2 years of age who where never sick until we moved into our apartmet 2 months ago. We learned it is roach infested and I have been to the doctor and ER with both children. We notified the landlord and they sprayed 2 times. Both times the roaches got worse. What are my options for my childrens safety?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a landlord is required by law to (among other things) “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition” and “comply with the requirements of all applicable city, county and state codes materially affecting health and safety” (A.R.S. 33-1324). Conditions “materially affecting health and safety” include “infestation of insects, vermin or rodents” (A.R.S. 33-1303). If a landlord is in breach of the landlord’s obligations under A.R.S. 33-1324 in a manner that “materially affects health and safety,” then the tenant may deliver to the landlord a signed and dated written letter describing the problem in detail and notifying the landlord that if the problem is not fixed within 5 days after receipt by the landlord of this notice from the tenant, then the rental agreement will terminate shortly after that date (A.R.S. 33-1361(A)). It is important that the problem be a serious one, and the tenant should also have documentation (photos, video, witnesses, etc.). If you would like to discuss your specific situation with and obtain legal advice from an attorney, there are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.