Can I break a lease with an apartment complex if they treated for bedbugs but I am still being bitten and they refuse to do anything else about it?

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Can I break a lease with an apartment complex if they treated for bedbugs but I am still being bitten and they refuse to do anything else about it?

I complained to the managers at the beginning of last month that I was being bitten at night by something. After 2 weeks of constant complaining, pictures of bedbug evidence, and my mother throwing a fit the apartment complex paid to have my apartment inspected. The dogs came in and the pest control company found no bugs. I continued to get bitten. They finally paid for a chemical treatment, however, they have now told me that if I come in the office for anything they will evict me. I am still getting bitten, and they have never inspected or treated any of the surrounding apartments.

Asked on November 16, 2011 under Real Estate Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

Okay so here is what you need to do. First, don't worry about the threat to evict you at this point in time,  They are trying to scare you.  But you need to strike first. First, write the management a letter explaining that you have continually complained about the infestation and that they have refused to take the steps necessary to rid the complex of the infestation. That they have breached the warranty of habitability.  Then you need to go down to landlord tenant court and file an action against your landlord for breach of the warranty of habitability and to ask the court to allow you to pay your rent in to court.  Explain that there are bed bugs.  That the apartment is becoming infested through the apartments of your neighbors.  The courts will make sure that things are taken care of properly or allow you to break your lease with out any recourse by the landord (i.e., sue you for the remaining months).  Good luck.


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