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Old 10-31-2002, 07:55 PM
Lauralh
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Tenant lease termination


What is the name of your state? Colorado. I moved into an apartment, discovered a roach infestation . They sprayed and the problem still exists. I moved out and was told I would owe 1 months rent. Then they upped it to 2 months rent. Now also a concession which, is not in the lease. I have until Nov. 21 to pay $1000+ or they'll send me to collections. They also kept my deposit. I know the Constructive Eviction law and have mailed a letter saying they can keep my deposit and one months rent as well as $200 I will mail them if they leave me alone. I have never been sent to collections and don't want this to affect my credit. I don't feel I owe them anything because they knew about the insects prior to my moving in and didn't tell me about it. It does not seem fair that I have no rights in this situation, there should be a disclosure law for tenants and, I can't afford an attorney nor the money they want from me. Is there anything else I can do and if the collection agency contacts me, what do I do then? Thank you
Laura
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Old 10-31-2002, 09:38 PM
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Join Date: Apr 2002
Location: snowland
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Laura I totally fail to understand why tenants who find bugs dont either work with a landlord to get rid of them OR call a city housing inspector when a LL isnt getting rid of the bugs and then get a copy of inspections order before they decide to up and move . when you have possession of a rental unit that has a problem you dont just move you have to prove that a unit is unfit to live in and if you cannot prove it while you have possession ( like with a city inspectors report just how easy do you think it is to prove after you moved . do your best to get them to negotiate with you and never just move from a unit you think is unfit until a city inspector condemns or gives you proof .
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Old 10-31-2002, 10:25 PM
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Join Date: Aug 2002
Location: Washington
Posts: 3,486
It's usually the LL's responsibility to provide a house free from infestations. However, you have to give LL a reasonable chance to get rid of the bugs. I didn't find anything in the CO statutes about this, so you'll have to consult your local law library and research for cases dealing with bugs & when T can terminate a lease.

Regarding the collections: Under the Fair Debt Collections Act, a collections agency cannot continue any attempts to collect an alleged debt if you dispute the amount of the debt. Disputing the debt will force the LL to go to court and try to establish damages.

You could also sue in court to 'determine' the lease -- i.e., to have a judge terminate the lease due to LL's failure to rectify the roach problem. If you have asthma, a roach infestation can be a very serious health hazard. The judge will decide when the lease is terminated and how much rent, if any, you owe. Then you just pay it and have done with the matter.
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