Roach problem.

[cardsfan03]

I currently live in Memphis, TN. Starting at the beginning of November, roaches began invading my apartment. I finally called my landlord on 11/10 and was told I needed to self-exterminate. Their exterminator only comes on a rotational basis; every 60 or 90 days... she did not know which rotation it was. She told me I would have to self-exterminate.

That same day, I called the health department Vector Control out of desperation. I then went and purchased Boric acid and bleach. I spread the Boric acid as indicated and used the bleach to pour down drains nightly, just in case. Someone from the health department came two days later (11/12) and inspected my apartment. She saw roaches both inside and out in the hallway and where I had treated.

I followed up with this official this morning and she had contacted my realtor and they have requested an exterminator. I also sent three emails this morning to the President of the realty company, the vice president and another person. I also faxed that same letter to their office. It was a detailed written notice of my problem included occurences, locations and where they were coming from (drains and the uninhabitable apartment across the hall). My lease is up December 31, 2009 but my problem has become so unbearable that I do not even want to come home:

-a roach decided to join me in my bed Saturday morning
-another decided to join me in the shower on Sunday
-a third followed me all the way from my house to my work cubicle this morning

Even at home, I can't sleep and keep lights on. Around 12:30 last night, they kept crawling into my apartment from the hallway so of course I don't want to just go to bed.

I am terrified of these insects. I always have been.

Sorry for length of post but this is a cry for help. I have exactly 45 days left in this apartment but want out immediately. There is no provision in my lease directly addressing pest control. there is only one provision that implies it is my responsibility: (verbatim)

25. Lessee's obligations according to Statue [misspell in lease] are as follows:
a. Take affirmative action to ensure that nothing is done which might place the Lessor in violation of applicable building, housing and health codes.

I want out. I have been trying to find stautes that detail my predicament but am having a little difficulty interpreting what I have found. I don't know if I have a valid argument but if they are spraying after a call from the Health Department, does this mean there was a code violation? Is there any validity to the above? Who can I contact for assistance short of hiring an attorney?

 

[Baranov]

Your lease is up at the end of December. Check your lease for notice requirements. Have you given notice? If not, do so and start looking for a new home. Make sure you spray all your furniture or you will be taking your new found friends wherever you go.

 

[cardsfan03]

That does not matter. My question is if there is a breach of contract. It does not matter whether my lease is up tomorrow or three months from now. Yes, I did give notice today.

As for packing up, I have already started the process of spraying and carefully packing and sealing everything. I am throwing out my television, my coffeemaker and my toaster and possibly my boxspring as there are a few small tears in the bottom of it. I have to now sort through all papers in my file cabinets and all 300 books on my shelves. As for the electronics, I would rather spend the money to replace them than take them with me.

I have already found a place to move. I cannot afford to pay rent on two apartments, though. I want to know if I am still legally bound to the terms of my lease or if there is a way out of paying for my last month of rent.

Is the apartment considered "uninhabitable"? Is there a statute I have missed along the way?

I am still waiting for Fair Housing to return my calls.

 

[Baranov]

Management has a pest control problem. The roach problem is a result of lack of good housekeeping practices by some or all of the tenants. The lease has not been broken by the owner/management company, but I bet if they performed an inspection someone will be found that has broken their lease by having a pigsty of an apartment. If your roaches are coming from the hallway, you can buy a roach product that you can brush onto the entryway and all around your door. This will deter the roaches from coming in.

The most you can hope for is that the city will instruct the landlord to schedule a pest treatment. You will still have a roach problem because you still have the same neighbors as tenants. The roaches will be back.

 

[Searchertwin]

That does not matter. My question is if there is a breach of contract. It does not matter whether my lease is up tomorrow or three months from now. Yes, I did give notice today.

As for packing up, I have already started the process of spraying and carefully packing and sealing everything. I am throwing out my television, my coffeemaker and my toaster and possibly my boxspring as there are a few small tears in the bottom of it. I have to now sort through all papers in my file cabinets and all 300 books on my shelves. As for the electronics, I would rather spend the money to replace them than take them with me.

I have already found a place to move. I cannot afford to pay rent on two apartments, though. I want to know if I am still legally bound to the terms of my lease or if there is a way out of paying for my last month of rent.

Is the apartment considered "uninhabitable"? Is there a statute I have missed along the way?

I am still waiting for Fair Housing to return my calls.

There is no statute that I am aware of..but there is this: In cases where the source of the indoor pollutants is not clear, or when it is not one of the named and regulated substances above, or if the pollutant is biological in origin, such as ****roaches, mold, dust mites, etc., then there are no Federal laws to address these complaints.

Would this classified as "uninhabitable?" Would having flies in the apartment qualified? Ants? As Baranov stated:"The roach problem is a result of lack of good housekeeping practices by some or all of the tenants. The lease has not been broken by the owner/management company"...so why would they let you break your lease? You will have to pay last month rent plus damages if any...so clean up the mess of smashed roaches..

 

[Scales]

Same problem!!

I am having some repairs done at my home, so I decide to get an apartment for about 6 months until it's completed. I find a cute apartment close to downtown available, I decide to rent it. I signed a 6 month lease, paid the rent from 11/15 to 12/01 and the deposit, so I was issued the key. I had all electric, cable and power turned on, on 11/13. I had to take over a TV and my computer so that the service guy could make sure everything was connected. My plan was to slowly move a few things in but not really live there until 12/01. I started doing that, so now I have a tv, a computer, a rug and a couple of boxes. On 11/13 around 8pm, I went back over to take a couple more boxes, I turn on the lights and roaches went running all over. I quickly started taking my things out of the apt. I call the office immediately (8:01 pm!!) left a message of the problem and to say that the location was NOT going to work for me. I got all my stuff out, sprayed everything down to make sure I didn't have bugs in my boxes. I returned the key 1st thing Monday morning, she gave me a list of other locations but the areas were not exceptable for me. I request the return of my deposit and rent monies that I had paid and was told that I could not get a refund of Nov. rent because I signed a lease. That is not fair to me being that the apartment is not exceptable for me. Is there a statue of limitations; being that I never moved in, and it was less than 10 hours that I notified them by phone. What rights do I have? I don't feel that I should just chalk this up as a lose, Lease or No Lease!! If I buy a car today and return by Friday, they have to give me all of my money back and you sign a contract at that time. If you buy a house you 30 days to change your mind and you don't have to give a reason as long as the resident is the same at it was when to took ownership. So what would be the difference here!!

 

[FarmerJ]

Card , you do not have to throw out your TV ,coffee maker, toaster or anything else , WHAT you can do with your small appliances is unplug them put them into a big bag that can sit in a box, and use roach spray on some newspaper, soak the paper and put it in the bag in the box or use sticky roach motels , seal bag and take box to self storage unit, Bed , go find maybe from a bed store HUGE bag put roach motels in huge bag , seal with tape or tie it tight. , Your LL is dealing with the problem, you can use treatment methods in the hall that are designed to discourage roaches from entering your unit from door way. Boric acid based powders take time to kill them because the roaches have to cross into it to pick it up and ingest it. NOW at this point when you contacted inspections they are going to make the LL deal with it sooner than regularly scheduled spraying BUT it still is not a excuse to break your lease unless the inspector has condemned your unit and posted it that no one can live there and given you a copy of the order wich forces you to vacate the unit via inspections dept order. IF your unit was not condemned then the best bet is to stay thru the end of the lease since it will give you alot more time to carefully treat, and seal up your smaller things so you can store them in self storage until you can move. As far as your clothing and purse , shake them down before putting on things, shake your coat down , use a purse? us a tiny purse and store it in a zip bag as soon as you get home and re close it every time thats how they were transported to your work. Use a laptop bag , same deal. You might not like it but until inspections orders are willfully ignored by your LL there is no get out of lease early card. NOW the best thing is that by the end of your lease your unit should be extra clean from all the extra work you went to and you should take pics to prove how clean it is for your record and if your current LL holds any money back unfairly use your pics to show how clean you left the unit to fight LL in small claims.

 

[Gail in Georgia]

The 3 day "cooling off" period for some contracts does not extend to residential leases.

And frankly, I've never heard of any law that allows one to "return" a house they purchased within 30 days of the closing.

Gail

 

[Searchertwin]

Is there a statue of limitations, yes there is, it ends at the end of your lease that you SIGNED, unless LL agrees to different things and here it sounded like they did..but you have to pay for Nov Rent and future rent if LL wants to be nasty like you.

Gail is correct there is a 3 day cooling period. But not for purposes like a residential lease. I had a tenant that tried to use that one...Guess she thought she was cute...
There is nothing in the law about returning a house, that is so sad...
I like to get "return" a couple of rental homes and forget about the mortgage..think I can?????

Again I quote: In cases where the source of the indoor pollutants is not clear, or when it is not one of the named and regulated substances above, or if the pollutant is biological in origin, such as ****roaches, mold, dust mites, etc., then there are no Federal laws to address these complaints.

The LL is tending to the problem, tenants have a part of the remedy also...