Who is responsible for pest control in an Arizona rental: landlord or tenant?
Written by the Hydra Pest Control team, Arizona-licensed (license #9790)
Last reviewed:
It depends on the lease, the type of unit and what caused the problem. Arizona law requires landlords to keep rentals fit and habitable and tenants to keep their units clean and report problems in writing. No Arizona statute assigns routine pest control generally, so read your lease and put requests in writing.
What the law requires
Landlords: keep the premises fit and habitable (A.R.S. 33-1324(A)(2)). Tenants: keep their part clean and safe and dispose of garbage (A.R.S. 33-1341(2), (3)), and give written notice of problems (33-1341(8)).
Can the lease shift tasks to the tenant?
Single-family rentals (33-1324(C)): landlord and tenant may agree in writing, with adequate consideration and in good faith, for the tenant to do specified maintenance tasks, but not work needed to cure building code or habitability noncompliance.
Other units (33-1324(D)): only by a separate signed writing, in good faith, with adequate consideration, not to cure (A)(1)-(2) noncompliance, and not reducing the landlord's duty to other tenants.
Bed bugs and cause
Bed bugs have their own statute, A.R.S. 33-1319. See Arizona bed bug law for rentals. Cause matters: tenant-caused conditions may be treated differently.
Don't withhold rent or assume you can break a lease without advice. Talk to an attorney or legal aid.
For landlords
Hydra offers property management pest control.
Frequently asked
Can a lease make the tenant responsible for pest control?
Within limits. A.R.S. 33-1324(C) and (D) allow some maintenance tasks to be shifted by written agreement in good faith with adequate consideration, but not work needed to cure building code or habitability noncompliance.
What should I do first if I see pests?
Give your landlord written notice, as A.R.S. 33-1341(8) requires.
Can I break my lease over pests?
It depends on the facts. A.R.S. 33-1361 has notice procedures. Get legal advice first.
Related
Sources
Manage rentals or rent a home? Get a free custom quote.
Get a free custom quote