+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    SoCalTennant is offline Junior Member
    Join Date
    Nov 2010
    Posts
    2

    Question How to break lease due to ROACHES

    What is the name of your state (only U.S. law)? California

    My apartment is infested by disgusting roaches, it has been sprayed by an exterminator 5 separate times, and they are still here! I gave my landlord a 30 day notice about (40 days ago now) because I am moving out of state, and they are trying to find someone to rent our apartment so we wont be responsible for paying rent for the last 3 months of our 12 month lease(February). But with our nasty roach problem, and 3 small children living in the apartment shouldn't I be able to break the lease due to some sort of health violation??? Please HELP!!!!!!!
  2. #2
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by SoCalTennant View Post
    What is the name of your state (only U.S. law)? California

    My apartment is infested by disgusting roaches, it has been sprayed by an exterminator 5 separate times, and they are still here! I gave my landlord a 30 day notice about (40 days ago now) because I am moving out of state, and they are trying to find someone to rent our apartment so we wont be responsible for paying rent for the last 3 months of our 12 month lease(February). But with our nasty roach problem, and 3 small children living in the apartment shouldn't I be able to break the lease due to some sort of health violation??? Please HELP!!!!!!!
    So you and your 3 children have been living in a roach-infested apartment for at least 9 months now, and you are just now deciding that it is so bad that you want to try and break your lease over the issue? I'm not buying it.

    It sounds to me like you are just trying to figure a "creative" way out of your lease obligations because you have made plans to move out of state and do not want to be stuck with the remaining balance due on that lease. Since you have already given your LL your notice of intent to terminate your lease early, I'm sure that they could easily deduce that this is the only reason why you would make such a big issue out of the roach problem now.

    Seriously... it wasn't so bad living with those roaches that you made a big deal out of the problem before now. You could easily have reported them to the health department and forced the LL to appropriately deal with the problem if it was as severe as you seem to imply. But instead, the timing just makes it look like you are trying to figure out a way to screw the LL out of the lease obligations you agreed to.
  3. #3
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,868
    Quote Originally Posted by sandyclaus View Post
    But instead, the timing just makes it look like you are trying to figure out a way to screw the LL out of the lease obligations you agreed to.
    Dang SC, that's brutal.


    but I agree with you.
  4. #4
    SoCalTennant is offline Junior Member
    Join Date
    Nov 2010
    Posts
    2
    Just to clear things up, NOOOO I have not been living with roaches for the past 9 months! They showed up about 2 months ago (in which we have squeezed 5 exterminator treatments into that 2 months). So whether anyone "buys" it or not, that's how it is. By the way I too have been a Landlord & Tenant. So if anyone has any real help please reply!
  5. #5
    Hot Topic is offline Senior Member
    Join Date
    Jun 2006
    Posts
    5,227
    I'm wondering if YOU took all the steps to deal with the roach problem that you could have. It's important to keep all garbage containers tightly closed and the carpet or bare floor constantly cleaned to avoid crumbs and such attracting the roaches.

    You can buy roach traps that not only kill the adults, they kill the eggs they're carrying. Bug "bombs" do no good because the roaches just run to the next apartment until the fumes subside.

    I agree that you're looking for an excuse to break your lease. The timing is just a little too convenient.
  6. #6
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by SoCalTennant View Post
    Just to clear things up, NOOOO I have not been living with roaches for the past 9 months! They showed up about 2 months ago (in which we have squeezed 5 exterminator treatments into that 2 months). So whether anyone "buys" it or not, that's how it is. By the way I too have been a Landlord & Tenant. So if anyone has any real help please reply!
    Ok... but a little over ONE month ago, you had already started your early termination process by giving your LL notice that you intended to move out 3 months earlier than your lease expiration date. At that point, you already knew you would be facing penalties for breaking the lease early.

    You still intend to move out of state, right? Then the roach problem has nothing to do with your reasons for moving. Whether or not you had discovered a roach infestation, you would still be moving out the apartment and terminating your lease early.

    Let's be honest here - you just figured you could use the "health violation" card as a way to get out of your financial liability for breaking the lease early. That roach problem wasn't the reason you decided to move, but it sure became a convenient excuse for trying to get out of any penalties you would owe for the early termination you already had planned.

    Call it what you want, but I am STILL not buying it. And I sure hope your LL doesn't fall for it either.
  7. #7
    JCG
    JCG is offline Junior Member
    Join Date
    Nov 2010
    Posts
    8
    Even if you are staying another day there I would call everyday about the roaches. If they need to send someone out every week to get it under control that may need to be. I had a major bug issue and to get it under control it took them coming out many times and now it is done monthly. I had to really push to get this done by the LL. At first it was done the cheap way which did not work. One morning after 2 weeks of this there were so many it was infested. I called 24 hour place and had someone come out. I paid them and then deducted it from the rent. I documented everything,saved receipts,called the owner personally. I know one is not supposed to deduct it from the rent but I think the owner knew this was not right.
    On a side note I am in similar situation with wanting to moving out of state so my lease would need to end early. I have also had so many problems with my rental from the bugs,leaks,rotting doors,I could go on. I am trying to keep it separate though from the vacating issue. So maybe you need to do that as well.
  8. #8
    Searchertwin is offline Senior Member
    Join Date
    May 2006
    Posts
    2,404
    Something tells me that you had it exterminated 5 separate times in 9 months and you still have them? You must keep a very tidy house. I'm not buying it either. Health dept. is not the answer, Mr. Clean is.
  9. #9
    sandyclaus is offline Senior Member
    Join Date
    Mar 2009
    Location
    Ho Ho Ho, Wouldn't YOU like to know ;)?
    Posts
    7,817
    Quote Originally Posted by SoCalTennant View Post
    Just to clear things up, NOOOO I have not been living with roaches for the past 9 months! They showed up about 2 months ago (in which we have squeezed 5 exterminator treatments into that 2 months). So whether anyone "buys" it or not, that's how it is. By the way I too have been a Landlord & Tenant. So if anyone has any real help please reply!
    Quote Originally Posted by searchertwin View Post
    Something tells me that you had it exterminated 5 separate times in 9 months and you still have them? You must keep a very tidy house. I'm not buying it either. Health dept. is not the answer, Mr. Clean is.
    As you can see, she claims it's 5 times in a 2-month period. That makes it even MORE likely that Mr. Clean needs to come to the rescue here....

Similar Threads

  1. breaking a lease, ****roaches
    By rizzorob in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 07-17-2011, 08:02 PM
  2. Break lease due to ****roaches? Houston, TX
    By doubledeala in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 03-17-2010, 08:23 PM
  3. Reason for breaking the lease: roaches
    By Jackdaw1 in forum Landlord / Tenant Issues
    Replies: 19
    Last Post: 11-08-2006, 09:42 PM
  4. Can I break a Lease? ROACHES!
    By RenterInPhila20 in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 08-15-2005, 02:54 PM
  5. Can't move in, there's roaches! Break lease?
    By NaiveNJ in forum Other Real Estate Law Questions
    Replies: 8
    Last Post: 10-07-2000, 09:57 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.