Ohio ANT apartment

[Noants]

I've been in aprtment since June. On apartment checklist Iwrote down that there were ants, 1st day I moved in! "No problem, we will bait your apartment". They did bait, but with these ants(pharoah ants) it can take 6 mos. to years to resolve (Ohio State Study). I told them I wanted out of my lease and they said no. I put my rent in escrow and they said ok, IF I released rent from escrow, signed confidentiality agreement (so I don't tell neighbors, 32 other townhomes infested), and I waived all right to recover damages which may have/will arise from problem. These ants are everywhere. (Six have crawled across my desk and monitor since I started this.) I rejected their proposal because of the waiver of rights clause. I informed them that I wanted my moving expenses paid and I would sign. They said no. I am moving at the end of the month(my wife cannot take the ants any longer)and will put rent in escrow for the ant apartment. They want something of value in the confidentiality and waiver of rights clauses while I receive nothing in consideration. Can I recover prior rent, both escrow and other? Can I recover moving expenses? Any help would be greatly appreciated. My mediation date is set for January 5. Thanks.

[This message has been edited by Noants (edited December 24, 1999).]

 

[ALawyer]

This is a largely a matter of negotiation -- and your leverage is the fact that they would get a lot of negative publicity if this hits the TV or Radio or papers. But let's face it, you want out and a suit against them may not be worth your time and effort -- unless you are a crusader.

Perhaps a lawyer may be able to bring a class action on behalf of all tenants, but as a single claimant, without a lawyer, you're probably wasting your time. If the place is uninhabitable you can usually get out of the lease (but as I am not from Ohio I can't tell you what your state provides).

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