How do I file a complaint about cockroaches in my rental house?

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How do I file a complaint about cockroaches in my rental house?

I informed the landlord about the cockroaches and insects when we first moved in 8 months ago. Recently the landlord informed me that I needed to purchase the pesticide and spray the house myself.

Asked on June 7, 2011 under Real Estate Law, New Mexico

Answers:

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

Answered 10 years ago | Contributor

The condition inside your rental house effects your warranty of habitability. The warranty of habitability means that when you rent the apartment you have the right to assume that it will be free of pests like bugs, mice, etc.  The landlord "warrants"under the law to keep it such.  A breach allows you to ask the court for help.  You need to go down to court and advise that this is happening and ask that the court allow you to pay your rent in to court until such time as the condition is fixed.  You can also ask for an abatement - reduction - of your rent due to the condition.  The landlord will be given time to remedy the condition and if he does not then you may have the option to void the lease.  Good luck. 


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