Can a tenant break the lease for pest infestation and health risk to tenants, what is a landlord's responsibility in AZ state

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Scorpion infestation/health risk to infant: I am currently renting a house in Phoeinx, AZ and the house is infested with scorpions! The problem was never disclosed before moving in and the landlord new I was pregnant. We have been working with the landlord since we have moved in (August 08) and the scorpion problem has not changed. Several pest control companies have serviced the property and all agree that the house should be sealed and it hasn't. Now I am concerned for the safety of my infant son. Do I have reason to legally break my lease and get my full security deposit back due to a health hazard?

Attorney Answer

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Jonathan Millet ·
I understand your concern. We had many scorpion in the last house I lived in. I am not aware of any published opinions on whether scorpions pose a health hazard. A court may or may not consider them a health hazard sufficient to break the lease. There are several useful resources regarding the Arizona Residential Landlord and Tenant Act. There is an overview of the Act at the Supreme Court of Arizona's website: http://www.supreme.state.az.us/info/brochures/landlord.htm. You can get a copy of the Arizona Residential Landlord and Tenant Act from the Secretary of State's website: http://www.azsos.gov/public_services/publications/residential_landlord_tenant_Act/. You may be able to find a guide at the Maricopa County Law Library: (520) 740-8456 or at the public library. A practical suggestion: document all your communications with your landlord by writing him a letter instead of calling. And another practical suggestion: try sprinkling diatomaceous earth. It worked for us (we had tile floors). You can get food grade diatomaceous earth at a feed store for cheap. Good luck. Legal Disclaimer. I am not your attorney. The only method of establishing an attorney--client relationship with me is by a retainer and fee agreement signed by me, which is not offered via this site. The information given is not legal advice and is for general information only. My answer is limited to the facts presented and may not be complete or applicable to your situation. My answer is given upon the condition that you will contact an attorney licensed in your state to receive legal advice that applies to your particular situation.
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