questions & answers

Question: I purchased a new 2017 mobile home 4 months ago and it was placed on a mobile park lot. We moved in May 2017 as three weeks ago we have discovered the lot has termite. Termites eating palm trees near our new home and it building a nest along the back fence where my neighbor has a old wooden shed. We reported it to the land property owner, they sent out an pest control company who claimed there was no signs of termites but we have picture of the termite damage. We are afraid that termite may get to our house if not already. What can we do? Should there have been a termite inspection? Thx

Answer: Arizona law specifically addresses termite inspections within the statutes dealing with pest management licensees and construction contractors. Under the Arizona Mobile Home Parks Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 11), landlords are merely required to “maintain fit premises.” A landlord must (among other things) “comply with the requirements of all applicable city, county and state 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. 33-1434(A)). A tenant who is concerned that termites may cause damage to their home may wish to send a signed and dated letter to their landlord describing the problem in detail, along with photos and/or video of evidence of the termite infestation, and requesting that the problem be fixed as soon as possible. The tenant also may want to consider hiring a termite inspector of their own. The most important thing for tenants in such situations is to document their efforts to have the landlord fix the problem, because if a tenant eventually feels required to terminate the rental agreement, and the landlord then takes the tenant to court, the tenant will need to be able to show the judge not only that the problem existed and was serious but also that the tenant gave the landlord formal notice of the problem and a reasonable opportunity to fix it.