Bedbug Removal Cost

[Grath]

My question involves landlord-tenant law in the State of: Arizona
http://www.azleg.gov/legtext/50leg/1r/bills/sb1306s.pdf the specific law in question.


Here is the Scenario.

in May the tenant has noticed bedbugs within a used couch brought into the apartment. The tenant removes the couch and notifies the landlord immediately. There is an inspection done by a licensed professional provided by the landlord. The inspector clears the apartment stating its safe and bedbug free, but also states that there may be a chance of them returning within 3 weeks. He states if you do not see any bites within 3 weeks you are in the clear. The landlord charges the tenant for this inspection and the tenant pays for it.

Four months later, there has been no sign of bedbugs anywhere. No bites, no bugs. Then the tenant notices bites appearing and does a self inspection noticing bugs in the bed linens. The landlord is again notified the very next business day. The Tenant has not brought any new furniture into the house or knowingly done anything to re-introduce them into the environment. Both parties have agreed that the prior incident is not the cause of the bedbugs. The landlord is still claiming that the tenant is responsible to pay for a full treatment of the apartment now, stating it is their policy to charge the tenant unless the tenant can prove that the bedbugs were introduced by either negligence on the part of the apartment complex maintenance group or their employees.

Is the tenant responsible? and if not what legal recourse does the tenant have?

[mmmagique]

Read this!

[Grath]

Thanks!
I did verify that my lease does not have a special clause about bedbugs. It does not mention them at all. The landlord is simply stating that they aren't covered under their pest policy but I never signed anything that says this.

[Mr. Knowitall]

The linked pages above refer to an earlier version of the bill, not the bill as signed by the governor. The statute provides,

A. A landlord has the following obligations with respect to a bedbug infestation:

1. The landlord shall provide bedbug educational materials to existing and new tenants. Educational materials may include:

(a) A description of measures that may be taken to prevent and control bedbugs.

(b) Information about bedbugs, including a description of their appearance.

(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions.

(d) Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies.

(e) Information provided by federal, state or local housing agencies.

(f) Information provided by nonprofit housing organizations.

(g) Information developed by the landlord.

2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.

B. A tenant has the following obligations with respect to a bedbug infestation:

1. The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs.

2. A tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs.

C. This section does not limit any other rights, remedies and obligations under this chapter.

D. The landlord and tenant of a single family residence are excluded from the provisions of this section.

E. Except as specifically provided in this section, this section does not create a cause of action against:

1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's guests for any damages caused by bedbugs.

2. A tenant by a landlord for any damages caused by bedbugs.

F. For the purposes of this section:

1. "Bedbugs" means any insect in the genus cimex and its eggs.

2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests.

Nothing in the statute prevents a landlord from holding a tenant responsible for the cost of remediating an infestation caused by the tenant or the tenant's guests.

[Grath]

oh wow I never found that version. So there is nothing I can do..