What are my rights if my rights if my apartment is infested with roaches?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my rights if my apartment is infested with roaches?
I have been living in my new apartment for a little over 2 months. When I looked at the apartment nothing seemed wrong but the day that I signed the lease I opened the door and it was infested with roaches. The landlord called a bug guy right away and I thought this would be fine. They are not. It’s not as bad but I’m still finding big ones and babies. Every time we call the landlord all he does is bring by 1 or 2 foggers from the store. I now have a baby and I want this job done right. What are my legal rights? Can I withhold rent? If so, how much?
Asked on November 10, 2012 under Real Estate Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
All residential leases have what's known as an "implied warranty of habitability". This means that a rental must be clean, safe and sanitary. This extends to being free from pests and vermin, such as cochroaches. You could go to court to seek "injunctive relief" which would be a court order forcing the landlord to bring in an exterminator. However, the problem is that since your landlord is attempting to take care of the cockroaches in a reasonable way (as they may or may not be) then the landlord would not be doing anything wrong. The fact is that their obligation is to take reasonable steps when informed of a problem, which arguably they are doing. A very bad infestation might permit you to terminate the lease but some cockroaches would likely not rise to that level. Bottom line, you may just have to live with them.
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.