Can we legally break a lease due to bed bugs or do we have to let the landlord try to treat it himself?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can we legally break a lease due to bed bugs or do we have to let the landlord try to treat it himself?

We are renting a house that we found bed bugs in we informed the landlord and he got an inspection which confirmed that they are here. While on the phone he said that the people who lived here before us had told him about the problem and all he did was change the carpet and paint the walls. He has already said he wont pay a professional but would maybe spray it himself and is asking what we want to do. We had been gone for the weekend and the first night home our daughter had 60 bites.

Asked on July 16, 2012 under Real Estate Law, Indiana

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

Every lease in almost every state includes the "implied warranty of habitability."  The landlord has to make the premises live-able.  If his efforts don't work, then you can break the lease.  In addition, there is another concept called "contructive ouster" where if the landlord is notified of a significant problem, is given time to fix it, and fails, then you have another basis for terminating the lease and leaving. 

Best of luck.


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