Bed Bug Laws in Arizona: An Overview
Arizona law doesn’t have specific laws addressing bed bugs. Rather, the general governing law is a combination of two state statutes addressing leased residential property: Arizona Residential Landlord and Tenant Act (A.R.S. §§ 33-801 to 34-859) and the Arizona Consumer Fraud Act (A.R.S. § 44-1521 to 1545). Courts have also ruled on bed bug related cases, albeit few.
In 2008, the Tucson City Council considered adopting a bed bugs regulation within the Tucson Housing Code. Under the proposed language, landlords would be required to provide tenants with a written disclosure of any known bed bug infestation in the preceding 12 months. The proposed requirements were tabled until the U.S. Department of Housing and Urban Development ("HUD") reviewed the regulation. In September 2009 , HUD advised Tucson’s mayor that the proposed regulation was "likely preempted by federal law and regulations". HUD’s comments were focused on the fact that the 2008 housing restructuring act gave the HUD Secretary broad authority to prevent and eliminate capitalized cost increases for units that upgraded to conform to the proposed regulations.
As a result, the Tucson City Council withdrew the proposed regulation. To this date, Arizona state statutes do not specifically address bed bug infestation or disclosure requirements, but it is their application that is important.
Tenant’s Rights under Arizona Bed Bug Laws
The specifics of rights granted under Arizona bed bug laws go beyond simple tenant obligations related to disclosing evidence of a bed bug infestation. Tenants should educate themselves on these rights so they know how to protect themselves against unfit landlord behavior and what to expect from their landlords. A recent court case in Chicago, Illinois saw a jury award just over $101,000 and punitive damages against a Chicago landlord who failed to act when tenants provided notice of a bed bug problem. Tenants filed lawsuits in civil court after providing proof of a current bed bug infestation.
In Arizona, landlords must deliver a rental property that is fit to be used for its intended purpose. If the tenant intends to use the property as a residence, then the landlord must provide a unit that is suitable for human occupancy. This includes any necessary repairs, maintenance, and good hygiene. As soon as a tenant moves into a housing unit, they have 45 days to notify their landlord of any major defects the unit might have that were not disclosed prior to signing the lease and could make the unit uninhabitable. If a bed bug infestation occurs after you sign the lease, the general rule of thumb is that the tenant is responsible for notifying the landlord while the landlord is responsible for treating the issue. Any rules or restrictions handed down prior to a lease that require the tenant to treat the unit for the infestation will not hold up under Arizona law and are generally prohibited entirely. It’s important to note that any notice a tenant delivers regarding a bed bug issue should be written and sent via certified mail with delivery confirmation. Emailing the notice may be considered proper notification, but it’s always better to have a paper trail in case any litigation becomes necessary. A notice that is issued by the tenant within three days of moving into the unit designating the unit as infested will be considered legally sufficient. The landlord may choose to withhold a security deposit if a bed bug infestation is discovered, but only if the infestation can be confirmed to have occurred during the period the tenant occupied the unit. The landlord cannot deduct rent for any bed bug treatment. Instead of requiring the rent, the landlord must make efforts to recover the amount due from the tenant, such as small claims court. Arizona tenants seeking to understand their rights beyond the general obligations of landlords should contact an attorney for further litigation advice.
Landlord’s Duties and Responsibilities for Bed Bug Infestation
In addition to the lease agreement, the relationship between a tenant and landlord is governed by the Arizona Residential Landlord and Tenant Act ("Tenants’ Act"). A landlord has an express obligation under A.R.S. section 33-1324 to "deliver and maintain the premises in a fit and habitable condition" and to "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." See also A.R.S. § 33-1319. The requirements of the Tenants’ Act are a floor, and not a ceiling. As such, the lease agreement may impose greater obligations.
Critically, all leases contain an implied right to privacy which is recognized by Arizona’s landlord-tenant law. As a result, landlords are prohibited from entering into a unit without notice to the tenant, and only if the landlord has a legal right to enter. See A.R.S. § 33-1343. The notice provision is important if there is a fear that the landlord will communicate or disclose a bed bug’s positive identification to other tenants. Therefore, it is important to fix a date and time with the tenant in advance to potentially eliminate the possibility of the tenant communicating incorrect information.
There is no statewide law that specifically addresses bed bug obligations, but the Tenants’ Act requires any landlord to "[e]xercise reasonable diligence to maintain fit premises." A.R.S. § 13-1324. As a result, bed bug infestations are likely a condition that landlords would be required to remedy under Arizona law. The bed bug infestation is an obvious "condition affecting health" as those terms is used under the Tenants’ Act. As such, a bed bug infestation is a "material" breach of a tenant’s obligations under the lease agreement. In such an instance, the tenant would be entitled to damages and potentially termination of the lease, depending on the severity of the violation. Indeed, the Legislature has provided the following remedies to a tenant if the landlord breaches its obligations to maintain fit premises: (1) recovery by the tenant of actual damages, (2) termination of the rental agreement, and (3) an award of reasonable attorney fees, at the discretion of the court. An "act affecting health" is the basis for a tenant serving a three-day notice to pay rent or quit. A.R.S. § 33-1368.
Legal Action Regarding Bed Bug Infestation
If a tenant or landlord feels that their rights are being violated or if there is a dispute over the actions taken in handling a bed bug infestation, legal recourse may be an option. If a dispute arises for any reason, the tenant and landlord should first try to work together to resolve the issue without legal action. Open lines of communication can lead to a successful outcome and avoid court costs, emotional turmoil and the possibility of a poor rental history. The Landlord-Tenant Act set forth the rights and responsibilities of both parties and address many bed bug related issues within its provisions. Both the tenant and landlord should abide by these laws as a basic standard of practice. If a tenant fails to comply with a provision of the Landlord-Tenant Act or the Rental Agreement or deliberately sends a false or misleading notice to the landlord or refuses to comply with a reasonable request for inspection, this may be classified as retaliatory conduct . If the tenant refuses to provide access for an inspection or remediation, the landlord may apply to the court for an order mandating access to the premises. Similarly, if a landlord refuses access to the tenant, the tenant may apply to the court and the Judge may consider granting an order allowing access. Violations of a court order are punishable by contempt of court. A landlord or tenant is entitled to recover any damages and to seek injunctive relief against the person who engaged in retaliatory conduct. A tenant is also permitted to bring a civil action against the landlord for his/her failure to properly address a bed bug infestation. If a tenant has experienced any monetary damages as a result of a violation of the Act by the landlord, the violation was not in good faith or intentional, the tenant may recover actual damages. If the violation was willful, the tenant can be rewarded punitive damages in addition to actual damages. If the dispute is not able to be resolved by the involved parties, they should seek advice from an Arizona attorney.
Practical Steps and Precautions
When it comes to universal truths about insect infestations in hotels and motels, the one thing that is true is that prevention is always better than the cure. Typically, if preventive measures are taken prior to any infestation, there’s a far greater likelihood of squashing problems before they spread. When it comes to compliance with Arizona bed bug laws and prevention, property owners are encouraged to: Properly train staff and personnel. Train all staff and personnel on what to look for when guest check-in. Staff should be sensitive to announce their presence in a room in order to avoid startling any laughable intruders that may be roaming around this room. Inspect room and property frequently. Remember, just because you may have had an infestation in the room several months ago, don’t expect it again. It’s best practice to inspect all rooms in which guests will be occupying at least a month prior to their stay. Advice guests. Advising guests to leave shoes, luggage, purses, jackets, hats and other personal belongings at the doorway. In addition, explain to them that upon entering the hotel room, its best practice to leave items right away. Allow an ample amount of space between beds and walls and other furniture. When single beds are near walls and other furniture, this often provides a pathway for insects to travel between people and walls, furniture, etc. Know the signs. If you see any of these signs, notify pest control: If you find any of the following items, it’s important to properly remove them from the room and property. This, along with properly training staff and conducting monthly inspections, will ensure you general compliance with Arizona bed bug laws.
Common Questions about Arizona Bed Bug Law
Despite how common bed bugs infestation is, there are numerous questions going through one’s mind. A few frequently asked questions include:
What does Arizona law say about bed bugs in apartments and rentals? Arizona law requires landlords to disclose all pertinent information or material facts about the property before entering into a rental contract. However, proving a landlord had knowledge of a bed bug infestation might be difficult. Generally, this law does not guarantee the tenant total protection from bed bugs in their unit, but rather implied protection. In contrast, if the tenant becomes aware of the infestation, they must report the bed bugs to the landlord since the landlord is responsible for maintaining a safe and healthy environment for tenants.
Does Arizona law provide guidance for hotels and motels? It is unclear whether Arizona law directly holds hotels and motels accountable for bed bugs that are on the premises and bites that occur during guest’s stay. Like landlords and rental properties , customers should bring the bed bugs to the consideration of the hotel and/or motel and any potential damages suffered by the guest should the designated contact person fail to act in an appropriate and timely manner.
Are landlords and property owners liable for guests’ injuries? Property owners and landlords could be liable if bed bug bites occur and do not act in a timely and reasonable manner to exterminate the bugs once informed of the problem. Liability may also arise should the owner or landlord fail to equip the facility with pest control and infringement of reasonable expectations of safety, i.e., the owner or landlord failed to take steps that a reasonably prudent property owner should have taken.
When should you hire a bed bug lawyer? You should hire a bed bug lawyer when you have not been given satisfaction or if you are not satisfied with the response from property management. You should also consider hiring a bed bug lawyer if your injuries were serious, the property owner or landowner is willful, or if the damage was severe.