If my apartment complexdoesn’t live up to their lease. what are my options to get out of it?

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If my apartment complexdoesn’t live up to their lease. what are my options to get out of it?

I live in an apartment complex and have been fighting with them to spray for bedbugs for going on 2 months. Me and my 2 month old daughter are being bitten relentlessly and I have even found 2 of the bugs and showed them. Finally I just told them if they aren’t going to spray I want to move. I have 6 months left on my lease. What are my legal rights on moving?

Asked on November 17, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To get an understanding of your legal options concerning your rental, carefully read your written lease in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If there is a provision about eliminating pests such as bed bugs it will typically control.

If you are still having problems with bed bugs after your efforts to eliminate them, you need to write the landlord a letter (keeping a copy for future need) about the need to spray the entire complex by a certain date. If not done, have the health department inspect your rental. If there is a citation, then the landlord will be forced to take corrective measures.

Unless the vermin condition is so severe that a shut down order is issued by the health department having bed bugs alone does not justify you terminating your lease and moving.


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