Is a Tenant Liable for Moth Damage?
Full Question:
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.
