Rental Basics in Scottsdale>Question Details

Amknop, Other/Just Looking in

In our existing AZ lease, it states that tenant is responsible for routine pest control. What is defination of routine if it isn't defind here.?

Asked by Amknop, Tue Sep 3, 2013

Recently, the outside block wall surrounding the property has become the new home to a swarm of bees. We notified the landlord (who is not local and in the cheap side) that this problem existed. He suggested a can of bug spray. We have tried on several times to manage this ourselves but according to a few bee experts the bees need to be exterminated properly and the hive inside then wall removed. Estimates start at a few hundred dollars an up depending on the damage. We have a 3 and 5 YO girls and a baby in the way. I believe this is a safety issue and the landlord should cover. Does this type of pest problem fall under the defination of routine?

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If this is a health and safety issue, then you can go through the proper legal process to notify the owner of the home that this needs to be resolved.
0 votes Thank Flag Link Thu Mar 26, 2015
What legal process would you suggest? I agree, this sounds like a safety issue. If it were me, though, I'd get an estimate for the pest control needed and then contact the landlord. He can't ignore something this important, but he might not realize that it's serious.
Flag Wed Apr 15, 2015
I have had some friends that sold pest control to homeowners. They would come and spray once or at most twice a year. That seems pretty routine. Is it bees that are giving you problems, or is it yellow jackets or hornets. Those seem to be more prevalent.…
0 votes Thank Flag Link Tue Mar 10, 2015
Routine basically just means that it is handled on a set schedule. Generally it would be expected to be done at least once a year, but potentially more often. Unfortunately, because of that statement in the lease, unless you have been doing routine pest control, the landlord would fight taking on any type of responsibility for this. You should talk to a few more people to see if you can get a cheaper quote, but I don't think you're going to get out of covering this.
0 votes Thank Flag Link Thu Jan 29, 2015
This is a really good question that I feel can only be answered by the tenant. I would suggest calling them and seeing what this means and how often this will happen. I think this should be able to help you get a time frame for everything and answer any other questions you have. I would definitely start by doing something like this!
Flag Tue Mar 10, 2015
Routine is pretty open ended, we usually define pest control as monthly and even stipulate internal and or external in leases.
I would imagine bees are not of the routine pest control and would suggest pursuing your landlord more aggressively. Also, you might seek help through an attorney who is familiar with the landlord tenant act.
0 votes Thank Flag Link Tue Sep 17, 2013
I agree-- this is something you should talk to a professional about. Bees can be extremely dangerous. If you could have a pest control company write up an official quote of the cost and danger, you might be able to convince your landlord more effectively. Good luck!
Flag Mon Dec 1, 2014
Sometimes the AAR forms are a bit ambiguous which is why they often provide a section for additional terms and conditions. In this case, I would define the terms clearly so there is no confusion.
0 votes Thank Flag Link Thu Sep 5, 2013
This is a great question. Routine pest control is somewhat opened to interpretation as it is not defined in the AAR standard lease. The rule of thumb in AZ would be common pests that are natural to the area are the responsibility to the tenant (or whomever it states on the lease). This would mean scorpions, spiders, termites etc. I would find out if the company that you are using that sprays for these items also includes the protection from bees.

Routine would also mean that you would have somebody come in to spray for these types of insects. If you chose not to have a regular spraying then you are not fulfilling the routine pest control. Over time bees, insects, termites could accumulate (and could go unnoticed until it becomes a problem) at the property and would be the responsibility of the tenant in this case.

If you are doing a routine pest control, I would ask them what they consider routine spraying (if it includes bees or not). They would be the experts in this case, if they say that "bees are not common to spray for" it could mean that this is not a routine pest problem and should be covered by the landlord.

Footnote: I am not a lawyer or legal expert nor am I giving legal advice. If you need further clarification I could consult a lawyer that is familiar with real estate law and find out what that definition would mean in a court.
0 votes Thank Flag Link Tue Sep 3, 2013
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