Is a Tenant Liable for Moth Damage?

Full question:

I rented a fully furnished apartment for 30 days. The day after I moved out, the landlord contacted me saying that moths ruined his $5,000 and I have to pay for it! I have no idea how the moths got into the apartment but it was very dirty when I moved in. I didn't even sign a lease. Does the landlord have any legal recourse against me?

  • Category: Landlord Tenant
  • Subcategory: Lease Violation
  • Date:
  • State: Connecticut

Answer:

It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Generally, a tenant is not responsible for insects unless some act on their part allowed an infestation or a problem was failed to be remedied. For example, if the landlord gave you notice to remedy the situation and you failed to do so, you could be held liable. Or in another example, if the moth damage was apparent and you failed to notify the landlord or take action to correct the problem, you may be held liable. The general standard used by the court is what a "reasonable" person would do in similar circumstances. It is helpful to have pictures upon moving in to show the move-in condition, and also to have pictures taken upon moving out for comparison.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you leave a piece of furniture in an apartment after moving out, the landlord may consider it abandoned property. They typically have the right to dispose of or store the furniture. However, the landlord may need to notify you and give you a chance to retrieve it, depending on state laws. If the furniture is valuable, it’s best to communicate with the landlord to avoid any misunderstandings.