Bedbug Laws for Arizona Rentals

Unlike most U.S. states, Arizona has state laws that deal specifically with bedbug infestations in rental units. Landlords are required to provide information to new tenants about bedbug prevention, for instance, and they are banned from renting out a unit they know to be actively infested. Tenants have their own responsibilities—they’re required by law to inform their landlord if they discover bedbugs on the property. None of these laws apply to single-family residences, however.¹

Landlords have to provide informational packets about bedbugs to tenants

Arizona landlords are required to provide all new tenants with educational materials about bedbugs. Although the law doesn’t dictate exactly what information should be give to renters, it offers a list of suggestions:²

• A description of measures to prevent and control bedbugs
• Information about bedbugs, including a description of their appearance
• A list of risk factors for attracting bedbugs, such as buying a used or renovated mattress, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing, and traveling without proper precautions
• Information provided by the U.S. centers for disease control and prevention
• Information provided by governmental housing agencies or nonprofit housing organizations

Landlords can't rent out units they know are infested

If a landlord in Arizona knows that one of their units is currently infested by bedbugs, it’s illegal for them to rent it out to a new tenant.³ “Infestation,” according to the law, “means that the presence of bedbugs is sufficient to materially affect the health and safety of tenants and their guests.”⁴

Tenants have certain obligations when it comes to bedbugs

It’s illegal for tenants in Arizona to knowingly move any bedbug-infested furniture or other materials into a rental unit. Tenants are also responsible for informing their landlord if they notice the presence of bedbugs in their unit. This notification must be in writing, either with a physical note or an electronic message.⁵

Extermination isn't specifically addressed by state law

Although Arizona does have state laws that specifically deal with bedbug infestations in rentals, they don’t discuss whether the landlord or the tenant is responsible for extermination. Tenants should start by checking their lease to see if it includes a bedbug clause. If not, then the situation is covered by Arizona’s implied warranty of habitability—basically, a legal guarantee that the landlord will keep their rental units in livable condition. Tenants should give their landlords written notice of the infestation, as required by law, then follow the process outlined in A.R.S. § 33-1361, which allows them to terminate their lease if the landlord doesn’t take action within five days of being notified of the problem.

Related articles

[1] A.R.S. § 33-1319(D)

[2] A.R.S. § 33-1319(A)(1)

[3] A.R.S. § 33-1319(A)(2)

[4] A.R.S. § 33-1319(F)(2)

[5] A.R.S. § 33-1319(B)