Phoenix, AZ asked in Real Estate Law for Arizona

Q: I just moved in an apartment in Arizona and there is a roach infestation. Can I break the lease and move out

I have notified the landlord and after 2 months the issue is still not fixed

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a cost. You might be sued by management. Then a judge will decide if your leaving was justified or not. But, in the meantime, you will be living in a home that is not roach infested. You have to decide if the benefit outweighs the potential cost. I recommend discussing your situation with a real estate attorney before you take any action. Once your attorney knows all of the facts, he or she will be able to let you know your legal rights and best options.

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