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Break lease due to ****roaches? Houston, TX

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doubledeala

Junior Member
Move in date - 3/13/10 -
Picked up keys night before date of move-in, as was allowed. When I pick up my keys, the lady tells me that they had to fumigate twice, and they just went to clean it earlier that evening. She stated that if it's bad, they'll do a severe treatment. As per their policy, they don't let a new tenant move in within 10 business days of previous tenant's lease termination date. I tell a landlord that the situation is horrible and they need to get an exterminator out asap. She says that they only come out on Wed. I asked to have my move-in date delayed, she agreed for the move-in to start the day after fumigation. The lease has a clause regarding delayed occupancy, in short: No written notice from them, terminate up to date of move-in; written notice, within 3 days. It says lease contract termination doesn't apply if delay is for cleaning or repairs that prevent occupancy. Does the ****roach infestation count as a delay that prevents occupancy? I would say so for health.

Update: I call back the next day to ask for a written notice that I requested a delay of occupancy and that I would have my prorated rent refunded/credited to next month's rent. I talked to the same lady that verbally agreed to let me delay my move-in with refund, but she tells me it isn't her call to make and that I'd have to talk to the property manager.
I call back the next day, and the property manager agrees to write me a letter. She disagrees that it is a delay of occupancy because I had picked up my keys and have moved my bed in. I ONLY moved my bed in because it was delivered and I couldn't return the bed to be redelivered. She just tells me she'll refund the prorated rent for the days until I move in, which was agreed upon Thursday, the day after extermination.


I have filed a report to the loca health department online, but I haven't heard back from them. I have also contacted Lone star legal aid; I was told that I'd be contacted within 2-3 days. I'm worried it might be too late to terminate my lease because I will not have terminated my lease up to the date of move-in. I don't want to ask them to terminate my lease due to delayed occupancy because she already disagrees that it is even a delay of occupancy. Should I go ahead and ask to terminate my lease, or be a bit more patient and wait for a reply from the health department or legal aid?

Thanks in advance for any helpful advice.What is the name of your state (only U.S. law)?
 


Searchertwin

Senior Member
Sounds like a good place to rent. They are doing everything that needs to be done. Why did you complain to health dept and legal aid? Sound like a trouble maker tenant.

You stated, "It says lease contract termination doesn't apply if delay is for cleaning or repairs that prevent occupancy. Does the ****roach infestation count as a delay that prevents occupancy? I would say so for health."

You answer your own question. Exterminator is for maintence and prevention, not CLEANING OR REPAIRS.

You stated, "She disagrees that it is a delay of occupancy because I had picked up my keys and have moved my bed in. I ONLY moved my bed in because it was delivered and I couldn't return the bed to be redelivered. She just tells me she'll refund the prorated rent for the days until I move in, which was agreed upon Thursday, the day after extermination."

LL is right in saying this is not a delayed occupancy. You moved in your bed, result, you are there. Reason you gave for bed being there is your problem not LL. Still nice LL, agrees to prorate rent..still trouble maker tenant


Go ahead and terminate your lease. You deserve to have them stick you with the lease agreement of the rent. They did everything to help the condition of place before tenants move in, they also prorated your rent all you did was complain and make waves.
 

doubledeala

Junior Member
I may be taking your reply offensively, but I caused no trouble with the landlord. I simply asked to delay my occupancy until they got rid of the roach problem. I didn't go yelling and screaming. I simply expected that the 10 business days would allow them ample time to do what is necessary to provide me with a habitable premises. Instead, they wait until I go there to pick up my keys to notify me that there is a roach problem and that they can provide another means of resolving the issue. If I had known that I couldn't live there on the day it was promised, would I have rescheduled my bed delivery? Yes, absolutely.

I contacted the health department to prepare myself against any issues in terminating the lease if the problem persisted. Same reason with legal aid, prepare myself.
 

Hot Topic

Senior Member
Fumigation doesn't work. The roaches simply migrate to another apartment until the fumes subside.

Having an exterminator in doesn't work if any of the tenants refuse to let him or her in the apartment to spray.

It also doesn't work if tenants aren't keeping their apartments, particularly their kitchens, clean.

Houston is also a "buggy" city due to the humidity.
 

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