QUESTION
Can I break a lease without penalty for persistent issues like bugs?
Asked on Jul 26th, 2012 on Landlord and Tenant Law - Arizona
More details to this question:
I've been fighting with bed bugs in my apartment for over a month and have lived in this unit for only two months. The management team has sent pest control out three times for full treatments; however, last night I found a live bed bug in my apartment again. At this point, I'm just really exhausted and become paranoid with all the bugs. I can't fall asleep at night and always worry I'm going to get bit again. Can I legally terminate the lease (4 remaining months in a half year lease) without penalty? I haven't talked with the management yet. I'm afraid they would say that this is a very common issue, and they tried their best. What actions should I be taking if they refuse (most likely) to let me go?
1 ANSWER
First, take photographs of any pests (i.e., bed bugs or other pests) with a camera that will date-stamp the photograph. Second, send a letter to the landlord saying: (1) the premises has an infestation of pests, (2) you consider this to be a material noncompliance, and (3) you will terminate your rental agreement and move if the noncompliance is not remedied within ten business days. See Arizona Revised Statutes, Section 33-1361(A). You may, but are not required, to enclose a copy of the photograph. Hand-deliver the letter; if you cannot hand-deliver the letter, then send it via certified mail, return receipt requested. If the landlord takes no corrective action within the ten business days AND if the infestation continues (you will need to take photographs of pests you observed after the ten day period), then you may terminate your lease and vacate. If, however, the landlord takes some type of corrective action, then you will need to start the process over if the infestation continues after the landlord has taken corrective action.
Answered on Aug 01st, 2012 at 5:21 PM