Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We discovered we had a rat in our apartment, that same day we reported it to the office and they scheduled for an exterminator to set traps two days later. The next day we started seeing ticks around the apartment, we have one dog and started him on Nexguard tick preventative right away. The apartments are stating that they do not cover for tick exterminator because the ticks couldn't have traveled via the rat. Who is responsible for tick extermination?

Answer: If the rental agreement does not address pest control, then the general terms of the Arizona Residential Landlord and Tenant Act (ARLTA) are applicable. The ARLTA states the tenant must “keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit” and “dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner” (A.R.S. 33-1341) while the landlord must “comply with the requirements of applicable building codes materially affecting health and safety”; “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; and “keep all common areas of the premises in a clean and safe condition” (A.R.S. 33-1324). Given that an “infestation of insects, vermin or rodents” is considered to be condition materially affecting health and safety (A.R.S. 9-1303), as a general rule pest control is the landlord’s responsibility so long as the problem is not the result of some act or omission on the part of the tenant.

QUESTIONS

  • We discovered we had a rat in our apartment, that same day we reported it to the office and they scheduled for an exterminator to set traps two days later. The next day we started seeing ticks around the apartment, we have one dog and started him on Nexguard tick preventative right away. The apartments are stating that they do not cover for tick exterminator because the ticks couldn't have traveled via the rat. Who is responsible for tick extermination?

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS

Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.