If I have squirrels in my apartment and have told the mangers and the main office several timesbut they have done nothing, what can I do?

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If I have squirrels in my apartment and have told the mangers and the main office several timesbut they have done nothing, what can I do?

It’s so loud that I can’t sleep at night. This is no way to live. Can I get an expert in to try and remove the squirrels and make the apartment managers/owners pay or it? Or what can I do?

Asked on January 21, 2012 under Real Estate Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In every lease there is an implied warranty of habitability which means the landlord is required to maintain the premises in a habitable condition by complying with state and local housing codes.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs.  When the landlord fails to respond in a reasonable time and make the necessary repairs, the tenant has the following options:  The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  The squirrel infestation in your apartment is a health hazard which constitutes a breach of the implied warranty of habitability.

 


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