Arizona Tenant Landlord Law. Can I Break My Lease? House In Infested With Scorpions. Can I Get Deposit Back?

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Landlord has been notified by certified mail of problem with scorpions. She sent a pest guy out, but still finding many scorpions in the house. There is a one year old in the house and I’m afraid he will be stung. One already stung the cat. She wants to keep the $1,700.00 deposit. What legal grounds do I have? I would like to know the Arizona landlord tennant code that deals with this if you know it.
Thanks
Eric

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4 Responses to “Arizona Tenant Landlord Law. Can I Break My Lease? House In Infested With Scorpions. Can I Get Deposit Back?”

  1. 1
    reenzz said:
    Posted: September 28th, 2009

      As long as the landlord has taken steps to rectify the situation, then you have no legal grounds to break your lease. Have you let the landlord know that the problems still exists?

  2. 2
    spadezgu said:
    Posted: September 28th, 2009

      she has no right to keep ur security deposit for anything other than damages, so it seems to me that you need to set up an escrow account, stop paying her rent and put the money in an interest bearing account until she resolves the problem. all courts will side with you that you had an intention to pay once she rectifies the problem. 2ndly contact your state department of housing, every state has one, report the infestation, the city will send someone over to inspect the premisise. if it is infested, the city will impose a fine and then later a lien against the problem if when they come back the problems still not fixed. after all of this trouble she will glady return ur security deposit to get the state off her back for these violations. if she doesnt comply and give u back ur security than u will unfortnately have to sue, but if u have a lawyer friend draft a letter statsing all the procedures u went through to resolve this i think she might be intimidated to return the security.

  3. 3
    robbievi said:
    Posted: September 28th, 2009

      We don’t have scorpions here but I would get a hold of the local media….that would get results…..

  4. 4
    financin said:
    Posted: September 28th, 2009

      I think you could break your lease with this AZ rule.
      III. Condition of the Premises
      a) Your rental dwelling must be safe, clean and habitable. Any appliances provided by you must be in good working order.
      Doesnt sound safe to me. This is the site you want to check out. But I wouldnt let my one year old hang out with scorpions or the poison they are using to kill them. And I dont know of any judge that would let them keep the deposit. Unless they said in the lease the house had scropions. You might have to sue them to get it back. Take pictures and get as much evidence as you can. Like the guy that came out to kill them. Make sure you have his number. If they dont give it back you might have to sue.
      As to the first poster that sounds like CA law. I dont think you can set up an escrow account in AZ during a dispute. If you can that would be great. But as much as I know about AZ law I dont think you can.http://www.supreme.state.az.us/info/broc…
      Good Luck

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