Is it possible to break my lease due to a bug problem?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible to break my lease due to a bug problem?
I just moved into an apartment 2 months ago. Within 2 weeks I noticed cockroaches. I am not on my 3rd spray but the problem is just getting worse.
Asked on October 23, 2012 under Real Estate Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Every residential lease has have what is known as an "implied warranty of habitability". Accordingly, if your living conditions become uninhabitable (i.e. unsafe or unsanitary), you may be able to break your lease and move out. So long as you can prove that the cockroach infestation is negatively affecting you and your family's health. However, before doing so (or anything else for that matter such as withholding rent, etc.) do not do this on your own before consulting with an attorney. If you fail to follow proper legal procedure, your landlord could claim that the infestation was caused by you. They could then sue you in court for illegally breaking your lease and they could then collect all rent that may still be owed on the lease. Therefore, you need to make sure that you have evidence to back up your claim. Again, consult a real estate lawyer on this. After reviewing all the facts of your case, they can determine what your legal options are.
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.