How can I break my lease?
UPDATED: Mar 25, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I break my lease?
I just moved into an apartment with 1a 2 month contract. From the day I moved in I have been seeing small round black color bugs on the walls; they are increasing as the days are going by. It has only been 3 weeks since I moved in. I need to break my lease and get out of here. I don’t feel this place is safe for my 2 year old son.
Asked on March 25, 2012 under Real Estate Law, Missouri
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When there is a breach of the implied warranty of habitatiblity, if the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (in your case have an exterminator get rid of the bugs) 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 pest infestation is a health issue and therefore would constitute a breach of the implied warranty of habitability. You might also consider contacting the local housing code inspector to compel the landlord to get rid of the bugs.
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.