If the apartment that we just rneted is infested with roaches, is the lease voided?

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If the apartment that we just rneted is infested with roaches, is the lease voided?

My mother recently signed a 6 month lease for an apartment, 2 days ago to be exact. The apartment is infested with roaches. We didn’t realize it until the night after we moved everything and they started coming out. We paid nearly $900 in rent and security deposit. The landlord is refusing to give any money back because of the lease we signed. We are immediately moving out. I was wondering if there were any laws or standards about this that would nulify the lease?

Asked on September 1, 2012 under Real Estate Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, this is completely uninhabitable.  Immediately serve your landlord with notice that you consider this lease void, that the landlord did mislead your mother and therefore there was no binding contract since your mother was not informed of cockroaches. Immediately take pictures and contact your health department and consumer protection agency and show the photos. If the landlord still does not give your mother her money, sue in landlord tenant court.


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