Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Can a landlord make you pay for the removal of bed bugs when you did not bring them in. They came in from another Apt. In the building. Other apts have them.

Answer: Bed bugs are governed by A.R.S. 33-1319 pasted below. In short, landlords are required to provide educational information and not let anyone move in if the landlord knows there are bedbugs. Nothing in the statute talks about treatment/removal obligations. However, A.R.S. 33-1324, also pasted below, requires a landlord to maintain the premises "fit and habitable". Arguably, if the bedbugs were not your fault, the landlord is then responsible for their removal. I recommend you look at a copy of the Arizona Residential Landlord Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf It contains the below statutes, as well as other statutes that will provide guidance if the landlord attempts to charge you for the bedbug removal. 33-1319. Bedbug control; landlord and tenant obligations; definitions A. A landlord has the following obligations with respect to a bedbug infestation: 1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include: (a) A description of measures that may be taken to prevent and control bedbugs. (b) Information about bedbugs, including a description of their appearance. (c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions. (d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies. (e) Information provided by federal, state or local housing agencies. (f) Information provided by nonprofit housing organizations. (g) Information developed by the landlord. 2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation. B. A tenant has the following obligations with respect to a bedbug infestation: 1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs. 2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs. C. This section does not limit any other rights, remedies and obligations under this chapter. D. The landlord and tenant of a single family residence are excluded from the provisions of this section. E. Except as specifically provided in this section, this section does not create a cause of action against: 1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs. 2. A tenant by a landlord for any damages caused by bedbugs. F. For the purposes of this section: 1. "Bedbugs" means any insect in the genus cimex and its eggs. 2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests. 33-1324. Landlord to maintain fit premises A. The landlord shall: 1. Comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition. 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him. 5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. 6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat, air-conditioning, cooling or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.