questions & answers

Question: I'm asking this question for my son who is renting a studio apartment. The apartment is infested with roaches which are coming from an a joining unit and now mice. It is a very unhealthy place which the landlord has not fixed the problem. The other tenant has been evicted the the unit has not been emptied and the insects are taking over my sons place making it a health hazard. Any advice as to how to get the landlord to exterminate the apartment? Thank you.

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required by law to “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. 9-1303). If the landlord is in breach of the landlord’s obligations section 33-1324, but the tenant still wishes to stay, then the tenant may deliver to the landlord a signed and dated letter describing the problem in detail and notifying the landlord that if the problem is not fixed within a reasonable period of time, then the tenant may either (1) recover monetary damages or injunctive relief (by taking the landlord to court) (A.R.S. 33-1361(B) or (2) notify the landlord of the tenant’s intention to fix the problem himself at the landlord’s expense: If the reasonable cost of fixing the problem is either less than one-half of the monthly rent or $300 (whichever is greater), then the tenant may notify the landlord of the tenant’s intention to fix problem at the landlord’s expense. If, even after being notified by the tenant in writing, the landlord still fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, then the tenant may have the work to done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work (not exceeding one-half of the monthly rent or $300 (whichever is greater). If a landlord is in breach of the landlord’s obligations under A.R.S. 33-1324 in a matter that “materially affects health and safety,” and, as a consequence, the tenant wishes to leave, 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 that the tenant have documentation (photos, video, witnesses, etc.) in case the landlord disputes the tenant’s allegations.