Is there anyway out of my lease because of an ongoing cockroach problem?

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Is there anyway out of my lease because of an ongoing cockroach problem?

We have only been living here (my first apartment) for 2 months. There is a pretty bad cockroach infestation that has yet to be solved. I’ve contacted the landlord and he tried sending out an exterminator twice now, but there are still no results. We have even tried doing it ourselves with bug bombs, raid bug barrier, and roach bait. I don’t see this problem getting any better and would like to have nothing to do with this rental company again.

Asked on August 14, 2011 Missouri

Answers:

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

Answered 10 years ago | Contributor

Icky.  I am so sorry about all of this and on your first apartment.  It should be an experience that you cherish not look back on and cringe.  Your landlord has an obligation to make sure that your apartment is free from this type of infestation.  There is something known as a warranty of habitability that comes with each apartment and states that the landlord warrants that the apartment is able to be lived in by the tenant.  If the landlord breaches the warranty then you have a right to request that you be let out of the lease.  But only a judge can do that if your landlord will not do so voluntarily (and in writing).  So ask and then if the landlord says no go down tot he local landlord tenant court and ask to pay the rent in to court until the problem is solved,  The court will allow the landed to correct it.  When they can not ask for them to render the lease void.  And ask for an abatement of the rent.  A reduction for the time that you have had to live with the problem.  Good luck.


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