Can you break a lease due to cockroaches?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you break a lease due to cockroaches?
My son and his girlfriend rented an apartment 2 days ago. The landlord didn’t do a walk-through and there are several things that need fixed and the big issues is they have noticed cockroaches. They signed a 6 month lease but due to all the conditions they want out now. Do they have any options?
Asked on October 8, 2012 under Real Estate Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Every residential lease has what is known as an "implied warranty of habitability". Accordingly, if your son's living conditions become uninhabitable, he may be able to break his lease and move out, so long as he can prove that the cockroach infestation is negatively affecting his health. Before doing so however (or anything else for that matter - withholding rent, etc.), he should consult directly with a local attorney. If he fails to follow proper legal procedure, his landlord could claim that the infestation was caused by him. They could then sue your son in court for illegally breaking his lease and collect all remaining rent. He needs to make sure that he has evidence to back up his claims.
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.