In the world of rental properties, “bed bugs” is a dirty word(s) and a landlord’s worst nightmare. Aside from the physical difficulties bedbugs pose, there are legal ramifications to deal with if one doesn’t take the necessary precautions. Therefore, every landlord should know her responsibilities regarding bedbugs.
A.R.S. § 33-1319 states in part, landlords should be providing each tenant with “bedbug educational material” prior to their tenant moving in. This should material should cover, without limitation, preventative measures, behaviors that increase the risk of bedbugs, and a description of the appearance of bedbugs. Also, a landlord should not move a tenant into a house if he knows that house has a current infestation.
On the other hand, a tenant is responsible for notifying a landlord in writing as soon as he or she becomes aware of the presence of bedbugs. A tenant should not move materials already infested with bedbugs into his house or apartment.
Let’s say there are no bedbugs when a tenant moves in, but three months later there is an infestation. Who is responsible to pay for all the fees associated with getting rid of them? Almost always the answer is, the tenant.
Following the above guidelines may protect you as a landlord from a lawsuit in the unfortunate event that your property contracts a bedbug infestation.
At each new move-in, all landlords should provide their new tenants with bedbug educational material. According to ARS 33-1319, this is one of their responsibilities as a landlord. If the property develops an infestation after the tenant moves in, it is almost always the tenant’s responsibility to pay for it to be taken care of, but if the landlord doesn’t do his part (i.e., provide tenants with educational material), he could be found liable for costs.
If you are an Arizona landlord and have issues with bedbugs in your Arizona rental property then contact the Dunaway Law Group at 480-389-6529 or message us HERE.
