Zona Law Q&A 

Question: A unit has what the resident feels is a cockroach infestation. The landlord does not feel it rises to the level of an infestation, but acknowledges that there is an ongoing pest presence. The landlord has been treating per the protocols of their pest control company, but the situation does not seem to be improving. If a resident issues the landlord a 5-day (or 10-day) citing ARS 33-1361 and ARS 33-1324, and the landlord has not been able to remedy the situation within the prescribed timeframe, does the resident have grounds to terminate the rental agreement without penalty?

Answer: The resident can serve a 5 or 10 day notice, and then it will come down to the factual determination of whether there is a breach of the lease in the situation you are saying, it would be up to the judge to determine if there is a breach. Both parties would end up in court, showing the number of cockroaches and the frequency, and then the judge would decide who is right. It is just based upon whether the objective person (in this case the judge) would think it’s a problem and whether the landlord has taken sufficient steps to address it. That is not something the tenant or landlord get to decide.