Can I get out of lease due to bed bug infestation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get out of lease due to bed bug infestation?
We were never told about problem before move in. They have sprayed 4 times but the problem still persists. Apparently the problem has been going for over a year.
Asked on February 1, 2012 under Real Estate Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord has to respond within a reasonable time by making the necessary repairs. When the landlord fails to make the necessary repairs, the tenant has the following options: the tenant can make the repairs and deduct the cost from the rent (this would be impractical in your situation since spraying has not been effective) or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. Your argument is that the bedbug infestation constitutes a breach of the implied warranty of habitability because it is a health issue. It would be advisable to report the bedbug infestation to your local housing code inspector.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.