Can't move in, there's roaches! Break lease?

[NaiveNJ]

I am moving out of my family's house for the first time. I signed a lease and was very excited. After the lease was signed, I noticed roaches in the apartment. Nevertheless, I did not move in a single possession, nor have I stayed in the apartment.

I consider this 'unhabitable'. It turns out the building is probably infested and extermination will at best be a temporary fix.

Do you think I have a case for breaking the lease? Do you also think that it is reasonable for the landlord to keep my first months rent considering I never moved in?

Your opinion is greatly appreciated. Help me I'm scared of bugs!

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I hate bugs, too! Eech! They are so gross.

Anyway, I would consider this a major infestation of extermination is only a temporary problem. So......I would think this would be a possible and probably breach of the warranty of habitabilty which every landlord must abide by. Hence, you can consider this a breach making the lease voidable without consequence.

If you haven't even moved in, then you should get ALL of your money back because no money will be spent fixing normal wear and tear after your occupancy.

Complain to the better business bureau in your county and see if they can help you.
Also, contact your department of housing and urban development. http://www.bbb.com/

 

[Tracey]

Send L a certified letter saying that the roach infestation is a breach of the warranty of habitability & a breach of L's duty to control pests. Report L to the local health board. If L sprays as soon as you complain about the bugs, you can't break the lease until the bugs return.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[IndNewsSrv]

This reminds me of our situation.We were going to move into a 2br from a 1br apt in the same complex.Had signed a lease..moved majority of our stuff inside and we didnt know there was a roach problem.Of course when we saw the apt it was during the daytime and people were waundering around.Well the LL told me that there was a "small" infestation and to just clean up after the dead carcusus and everyhitng will be fine.Well it wasnt.Even after bug bombs..extermination..and after 2 weeks the roaches were still alive and running around.They agreed to break our lease and so we moved back into the 1br.Ironically 2 yrs later this 2 br was made available again and this time all roaches are gone.

You can get out of your lease even if the LL fumigates but also try to see if theres another apt that he has available that you can move into.Just because its infested doesnt mean the whole building is.My situation it was a bunch of college dumbasses that left bags of food open like a lunch buffet for the roaches.The apt you rented could had a previous owner who was like that and the LL didnt think it would be that much of a problem.In this complex all other apt were fine.

But whatever you do dont wait weeks later or wait to see when they go away..the sooner you deal with this issue..the better!!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NaiveNJ:
I am moving out of my family's house for the first time. I signed a lease and was very excited. After the lease was signed, I noticed roaches in the apartment. Nevertheless, I did not move in a single possession, nor have I stayed in the apartment.

I consider this 'unhabitable'. It turns out the building is probably infested and extermination will at best be a temporary fix.

Do you think I have a case for breaking the lease? Do you also think that it is reasonable for the landlord to keep my first months rent considering I never moved in?

Your opinion is greatly appreciated. Help me I'm scared of bugs!<HR></BLOCKQUOTE>

You rented an apartment unit not space in a Roach Motel.

 

[NaiveNJ]

The outcome was the landlord agreed that I may break the lease as soon as he found another renter. I never moved in; not a single posession of mine went into the apartment. After 3 weeks, the landlord found a renter He kept the rent for the time I 'rented' the apartment ( so to speak . )
The landlord was a cop, who was married to a lawyer. Nevertheless, I didn't have the energy to argue with him. I just cut my losses.

thanks everyone for the advice posted.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NaiveNJ:
The outcome was the landlord agreed that I may break the lease as soon as he found another renter. I never moved in; not a single posession of mine went into the apartment. After 3 weeks, the landlord found a renter He kept the rent for the time I 'rented' the apartment ( so to speak . )
The landlord was a cop, who was married to a lawyer. Nevertheless, I didn't have the energy to argue with him. I just cut my losses.

thanks everyone for the advice posted. <HR></BLOCKQUOTE>

Thank you for the update. Newpaper headline: Police officer rents roach infested property while lawyer spouse claims ignorance of the landlord tenant laws.

 

[Mhami]

If this ever did go to court, would the tenant have to prove there were roaches to win the case?

Marianne

PS. Are we allowed to do this? I mean ask questions that do not even pertain to us?

 

[Mhami]

Duplicate Post!

[This message has been edited by Mhami (edited October 07, 2000).]