questions & answers

Question: Are landlords responsible for termites/ swarmers in apartment complex!? Lease states they cover “pest control but excluding “wood eating insects” and they are not responsible for any damage to my property because of them... !? That cant be legal. Its like living outside with all these flying termites.

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required to “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. If you would like to discuss your specific situation (including the pest control clause in your rental agreement) with an attorney, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).