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Originally Posted by 399083453
Despite what the lease says, some states/cities have laws on how long the landlord has to deal with pest control once its reported by the tenant, and you cant enforce a clause that is illegal.
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You are correct; state law will trump leases, and each state will be different. I'm only referring to our leases in Arizona. Also, a pest issue in a single family home may be treated differently in an apartment building. A tenant in a sfr may have attracted mice by leaving food crumbs for mice. This issue can be resolved by cleaning up the area and placing a few traps. Roof rats would be a different story also, and that would be an owner problem.
In an apartment building, an infestation of roaches and rodents would become an owner problem because they will spread to other apartments, regardless of who caused the infestation.
In the standard AAR lease, which is drafted by the AAR in conjunction with Michelle Lind, Esq, the AAR general counsel, there is a check box where the landlord and tenant agree, by checking the appropriate box, who is responsible for routine pest control. As the property management company, I require that the tenant be responsible. And this is legal in AZ.
However, if the landlord is aware of pest issues prior to a tenant occupancy, such as scorpions in our area, the landlord is responsible for taking care of that issue prior to tenant move in, and disclosing that fact on the Owner/Landlord Property Disclosure form. Then, according to the lease, the tenant is responsible for the continuing routine pest control.