How can I go about terminating a lease because of roaches without any penalties?

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How can I go about terminating a lease because of roaches without any penalties?

We have been out of our apartment for 3 weeks because of a roach infestation that began in another apartment. The management says they have had exterminators spraying 3 times a week but we still have a high volume of roaches. We have 2 small children and want to terminate the lease and move somewhere else due to the sanitary issues involved.

Asked on August 13, 2012 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You yourself can not terminate the lease.  You can ask the landlord to let you out voluntarily due to th breach of the warranty of habitability or you can go to court and bring an action against the landlord for the rbeach of warranty, ask that they allow you to pay your rent in to court and for an abatement (reduction) of the rent.  The landlord will respond indicating all they are doing to stop the infestation.  The court will allow them time to fix the problem but will not let it go on indefinitley.  Bring up the issue of the pesticides they are using and the harm they can do to your kids.  It is an issue that needs to be addressed.  Ask that the court void the lease if the matter is not resolved asap.  Good luck.


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