Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Are the landlord/ property manager responsible for pest control?

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.