Who Pays for Pest Control in an Arizona Rental?

Pest bills turn into arguments because Arizona's rental law never says the word "pests" in its general repair section. Read closely, though, the pieces fit together. If you rent or own a rental around Tempe, this is how they usually line up. For the service side of things, our apartment pest control page describes what multi-unit work looks at.

Treat this as a starting map only. Kekoa is a pest control business, not a law office. Nothing here is legal advice, and the facts of your lease can change the answer. A lawyer, a tenant advocate or the Arizona Department of Housing's copy of the act is the place to confirm it.

What the Arizona Residential Landlord and Tenant Act says

Three sections do most of the work.

• A.R.S. 33-1324 (landlord). The landlord must comply with building codes affecting health and safety, make repairs to keep the premises fit and habitable, keep common areas clean and maintain plumbing, cooling and other systems. Pests are not named, but a serious infestation is often argued under this duty.
• A.R.S. 33-1341 (tenant). The tenant must keep the unit clean, dispose of garbage properly, use facilities reasonably and promptly notify the landlord in writing of conditions needing action.
• A.R.S. 33-1319 (bedbugs). The landlord must give tenants educational materials and cannot rent out a unit with a known current infestation. Tenants cannot knowingly move infested items in, and they have to report bedbugs in writing or electronically.

Section 33-1319 does not say who pays. It does not apply to single-family residences. The bedbug section also does not create a general right to sue over bedbug damage, except as it specifically provides, and it leaves other rights under the act alone. Read it yourself rather than relying on a summary, including this one.

How Tempe code adds pressure

Tempe City Code Sec. 21-3(b)(20) makes it a nuisance to leave or permit areas on any property infested with insects or rodents, including bees, wasps, hornets, yellow jackets, mice, rats or roaches, in an amount that may become a hazard to public health or safety. That language applies to property, so an owner can face it regardless of what the lease says about bills.

Bed bugs are not in that list, and A.R.S. 9-500.31 limits cities from adding their own landlord and tenant bedbug rules beyond the state section. Other cities, including Mesa, have their own codes, so check locally.

So who pays for pest control in a rental? Arizona's usual patterns

No table can replace your lease, but these are the patterns people run into. "Often" is doing real work in every row.

Single-family rentals get one extra rule. A.R.S. 33-1324 lets the two sides agree in writing, for adequate consideration and in good faith, that the tenant takes on specified duties. That agreement cannot be a way around the landlord's obligations, and it cannot cover fixing violations of the fit and habitable standard.

Lease pest clauses: what to read before you sign

Look for these points in any lease, and ask about any that are missing.

1. Is pest control included, and at what frequency?
2. Does the clause cover the outside, the yard and the attic?
3. Who chooses the provider?
4. Is there a bed bug addendum?
5. Which pests are excluded?
6. How should you report a problem?

Student rentals around ASU deserve extra care. Several unrelated tenants sharing a house make "who caused it" hard to prove, and leases often turn over in the same summer weeks. Take dated photos at move-in, including under sinks and in closets.

When the bill is disputed

The act offers a process. Under A.R.S. 33-1361, a tenant can give written notice of a breach, with 5 days for a landlord to fix health and safety issues under 33-1324 and 10 days for others. If the landlord does not, the lease may end on a stated date. That remedy does not apply when the tenant, family or guests caused the condition. A.R.S. 33-1363 allows limited self-help for minor defects, capped at the greater of $300 or half the monthly rent, after written notice and with a licensed contractor. Both have details that a summary leaves out, so get advice before withholding anything.

A neutral look can defuse most of this. EPA tells landlords to respond quickly and avoid blaming tenants, because blame stops people from reporting and small problems grow. That holds for roaches too.

Smaller rules that shape a pest dispute

Four other sections come up once a pest bill turns into a disagreement. The summaries are ours, so read the statute before relying on one.

• Move-in form, A.R.S. 33-1321. The landlord must provide a form for listing existing damage. It is written for damage, not pests, but it gives you a dated place to note droppings, roach signs and gaps on day one.
• Access, A.R.S. 33-1343. A tenant cannot unreasonably refuse entry for necessary or agreed services. The landlord generally gives at least two days' notice, and a tenant's own service request counts as permission to enter for that request. Refusing a scheduled treatment can undercut your complaint later.
• Retaliation, A.R.S. 33-1381. After a tenant complains to a housing code agency about a health and safety violation, or to the landlord under 33-1324, the landlord may not raise rent, cut services or threaten eviction. A complaint within the prior six months creates a presumption of retaliation. The section has exceptions, including violations caused mainly by the tenant's lack of reasonable care and unpaid rent.
• Rent and the courts, A.R.S. 33-1365. If a landlord sues, the tenant can counterclaim, and the court may order rent paid into court.

How Kai handles a rental call

Kai cannot decide who pays, and he will say so. What he can do is identify the pest, explain what is likely feeding it and tell both parties what he sees. Reviewers praise his plain explanations, and monthly customers get a written chemical list. Written records like that are useful when two parties remember things differently.

If you have a pest problem in a rental and need the facts first, call (209) 563-1650 and Kai will walk you through what he can do and the soonest he could come.