If we moved from our old place and out former landlord is charging us for pest extermination, is that their responsibility or ours?

UPDATED: Sep 17, 2012

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If we moved from our old place and out former landlord is charging us for pest extermination, is that their responsibility or ours?

We knew about the bug problem but didn’t notify them until 3 weeks after discovery, which was also the day we moved out. The Landlord and Tenant Act doesn’t seem specific to who is responsible. Also, if the landlord does not return our deposit or itemized list of deductions within the 14 days, will it help us in court if we are charged for extermination fees?

Asked on September 17, 2012 under Real Estate Law, Arizona


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, if you knew about the bug issue but waited nearly a month, then yes, the cost should be covered by you because a) you are required to notify your landlord of any issues that impact the habitability of the unit or building and b) you must mitigate damages.  By not informing your landlord, it could cost you the fee. As to the itemized list of deductions, it could help you but keep in mind that the issue is going to be whether the cost is over the amount of your security deposit.

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