What to do if I live in an apartment in a 4-duplex that is infested with roaches?

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What to do if I live in an apartment in a 4-duplex that is infested with roaches?

I have a 2 month old baby who we can barely put down because roaches crawl on him. I have a 6 year old who has been having severe asthma attacks in the past 3 months that have almost hospitalized him; he has had to have sterroid shots, an at home breathing machine, and 2 emergency inhalers. I have been in my 2 year lease for the last 9 months. About 4 months ago our neighbors moved and ever since then we have been infested. When I say infested I mean they crawl up and down the walls non-stop on the TV, the couches, in the shower and the kitchen. They get into the baby formula and into food, they run across the floor. Legally, what can I do?

Asked on December 16, 2012 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, every residential lease includes what is known as an "implied warranty of habitability". This warranty basically gives a tenant the right to live in a sanitary and safe (i.e. livable) rental premises.

In such a situation as yours, you must first give your landlord notice of the situation (I assume that you have). If, after a reaonable period, your landlord has taken no steps to remedy the problem then you have several options. You can:

  1. Withhold Rent - You can refuse to make further rental payments until the infestationproblem is solved;
  2. Repair and Deduct - You can fix perform the extermination yourself and then charge your landlord for the cost; or
  3. Terminate the lease - You can end your tenancy and vacate the premises.

However, before you pursue any of these remedies, consult with an attorney that handles landlord-tenant cases or a tenant's rights organization. If you fail to follow the proper legal procedures for these self-help measures, you could be held liable for breach of your lease.

Finally, you can contact the board of health in your area and file a complaint.


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