Can I terminate my rental lease without penalty if my apartment/condo has a roach problem?

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Can I terminate my rental lease without penalty if my apartment/condo has a roach problem?

My family and I moved into a private owned condo two months ago. It is a 12 unit building which is governed by an association. When I advised my landlord and the association president of my need for pest control, the president said they come out every month and does one side of the building and my side wasn’t scheduled, but they will have them come to my unit this month. Pest control hasn’t come (not last month to do my side either). The president won’t answer my landlord and my landlord isn’t following through. He is requesting rent payment and on time even throughout this problem persisting.

Asked on September 25, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you are able to terminate your rental agreement without any penalty if the place you are residing has a roach problem depends primarily upon the terms of the written lease assuming you have one. If so, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicitng state law.

You need to read any provisions in the lease concerning conditions caused by pests and vermin as to warranting the termination of the lease.

If the lease is silent as to being able to terminate your lease due to a perceived cock roach problem, most likely you will be unable to do so based upon what you have written.

Good question.

 


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