After a week of moving into my new apartment, I found out I have bedbugs. Can they really charge me to terminate my lease?

Asked about 1 year ago - Tempe, AZ

A few days after I moved into the apartment, I started getting bites and reported it to the office. They had my apartment inspected and found bed bugs and agreed to treat on their dime as I reported it within seven days per the contract. While they are treating it, I no longer wish to live there because of this. When I told them this, their offer was to terminate my lease the next month and take 50% off my termination fee. For two months of renting there, they expect me to pay approximately $2,434 of which I've only spent one week actually living there and it's not even 30 days into my contract. Do I have a case?

Attorney answers (2)

  1. Jason M. Wells

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . Based on what you have stated you likely do not have a case. It sounds as though the landlord or property management company took the appropriate steps once they were notified of the problem. You are free to breach the lease and leave. The offer from the apartment complex sounds as though it is actually generous as they do not have to reduce any of it.

    A more important question is whether they were/are able to eradicate the bed bugs, or if they previously had notice of the bed bugs before you rented. If they are not able to remedy the bed bugs you could have a habitability claim to get you out of the lease, but only time will tell. If they knew of the bed bugs and rented to you without disclosing it to you, you may then also have a claim.

    This answer provided is not comprehensive and should not be relied upon as a legal advice. Answers provided do not... more
  2. Judy Feuer Zimet

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The AZ Residential Landlord and Tenant Act 33-1319 addresses bedbug infestation. Landlords may not lease a unit they know is infested. If you can prove that the landlord had prior notice, yet leased the unit to you anyway, you may have a case. Otherwise, as stated by my colleague, the landlord more than fulfilled its obligations.

    This reply does not constitute legal advice or the establishment of an attorney-client relationship.

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