Are tenants responsible for roach treatment and who is responsible for repair costs in an urgent situation regarding heat?

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Are tenants responsible for roach treatment and who is responsible for repair costs in an urgent situation regarding heat?

Roaches came shortly after we moved in, we found dead ones in the back of a stove we had purchased. We bombed, put out gel, etc. Neighbor on the end moved out and we were swarmed, so I bought spray. Middle tenant refused to let us spray, when I approached the LL, she refused to let us spray and bought roach gel for $71. She now wants reimbursed for the cost after I subtracted $113 from the rent, the cost of professional heater repair in our home when the heater broke on a day when the temp was forcasted to below freezing that night. Her handyman is not certified, yet she wanted him to fix.

Asked on April 16, 2012 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay you have a lot of issues here that center around what is known as the warranty of habitability.  You have a right to live in a home free from pest infestation and it is the obligation of the landlord to remove the pests.  You also have a right to heat and yes, you can in some instances deduct from the rent.  You need to go down to the landlord tenant court in your area and ask them to allow you start a proceeding against the landlord regarding the issues you have raised, to pay your rent in to court until the situation is resolved, an abatement (reduction) of the rent for the problems and finally, to void the lease and allow you to move should the situation not be rectified.  Good luck.


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