Can I terminate my lease before I move in because of a roach infested apartment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I terminate my lease before I move in because of a roach infested apartment?

I just signed our lease for an apartment. I did the walk-through afterwards and found a roach infestation. Went back and told them about it and they said they knew about it and have been working on it for a while. I have not moved in yet. What are my legal rights here? Can I terminate my lease or do I have to move into a roach infested apartment?

Asked on July 27, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The landlord's obligation is to take reasonable steps to cure a pest infestation (or other condition negatively impacting habitability) after being provided notice of the condtion. The landlord is not required to not have a pest infestation in the first place, just to address it. If the landlord states they are working on the problem, you could not break your lease yet and would have to move in. You could only break your lease if after some period of time they are unable to and/or do not try to remediate the problem--and if it's severe enough in the first place (it has to be so bad as to make it effectively impossible or unhealthy to live there; a few roaches would not allow you to terminate the lease).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption