Legal Question in Real Estate Law in Arizona

landlord should tell tenant about scorpions

after we moved in to our apt. we found out there was a scorpion problem. shouldn't the landlord have told me this? i have a 1year old child, i'm afraid she's going to get we have any legal rights to get out of the lease? please help me..

Asked on 6/28/02, 2:21 am

2 Answers from Attorneys

Gloria Meyer Meyer Law Office

Re: landlord should tell tenant about scorpions

That depends upon the severity of the problem. The landlord is obligated to maintain the premises in a fit and habitable condition and to keep the common areas in a clean and safe condition. The landlord is also obligated to deal in good faith with the tenants.

If the scorpion problem is severe, and the landlord was aware of the problem when you signed the lease, you may be entitled to terminate the lease.

You may want to give the landlord a 5-day written notice of noncompliance materially affecting health and safety the problem pursuant and specify that pursuant to A.R.S. 33-1361, the lease will terminate if the landlord does not remedy the problem within 5 days. However, be sure you have adequate proof of the severity of the problem before you take this action. You may want to hire your own exterminator and get a written evaluation of the problem.

Read more
Answered on 6/28/02, 5:48 pm
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: landlord should tell tenant about scorpions

Typically no since we live in Arizona and the area is prone to scorpions. However, if the complex is infested with scorpions and the complex has this knowledge, you may be able to make an argument based on your welfare and safety. You may consider contacting a Tenant's Association for assistance. I can tell you from experience that scorpions are a very serious threat to infants. My six month old was bitten last May. If your child is bitten you should take him/her to the hospital immediately. Also, we have a very good poison control office here.

Read more
Answered on 6/28/02, 1:25 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona