Can I break my lease due to flea infestation?

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Can I break my lease due to flea infestation?

Moved 9 months ago. I’m never home due to being gone 3 days a week for school. My roommate is also hardly there. We have no pets and keep an extremely well kept apartment. We left last week to go out of town she got home tonight to find our apartment so badly infested it looks like it should be on TV. Just from walking into the apartment for 5 minutes she was bit 25 times. We informed the apartment and will be bombing it. But they want us to vacuum several times a day for at least 2 weeks to make sure they stay gone. But neither of us can do this. Can we break the lease?

Asked on April 12, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You can not take it upon yourselves to break the lease.  You would need to go to court to ask that the Judge rebder the lease void.  I doubt, however, that a judge would do that in light of the fact that the condition is being taken care of by the owner or management company.  I believe that you also have an obligation to help here and they are not being unreasonable.  Maybe you may need to ask a friend to help with the vacuuming.  Good luck.


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