Can I break my lease if there are cockroaches in my apartment building and they make my apartment uninhabitable?
Question Details:
There were cockroaches in my building before I moved in per other tenants. I have contacted the landlord several times, once her husband sprayed in my apt only. They did get a professional company to come in and spray but the bugs are back and now the landlord seems to want to blame the entire problem on me. I want to break my lease and move due to inhabitable living conditions. What are my rights?
Before you do anything, consult a real estate attorney regarding your situation. After reviewing all the facts of your case, the attorney can determine what your legal options are. If you cannot afford an attorney (even for a short consultation), find out if your city offers landlord-tenant dispute resolution services. These services are usually conducted by a mediator to help you resolve problems that you may have with your landlord.
Usually, if your living conditions become uninhabitable, you may be able to break your lease and move out. This is especially true if you can prove that the cockroach infestation is negatively affecting your health as well as the health of your family But do not do this on your own before seeing a lawyer or contacting the above-mentioned mediation services. For one thing, the landlord could claim that the cockroach infestation is caused by you. He/she could subsequently sue you in court for illegally breaking your lease and collect back rent that you owe on the lease. You need to make sure that you have evidence to back up your claims that the landlord is responsible for the cockroach infestation.
