Can I break my lease if my apartment has roaches?

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Can I break my lease if my apartment has roaches?

I moved and shortly thereafter the roaches came out. I notified management and the exterminator sprayed twice but the roaches persist. I’ve found a new apartment and am moving tomorrow. The management says I have to pay 2 months rent because of the required 60 day notice but this place is not clean. What can I do? I have a disabled child.

Asked on August 22, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can legally terminate your lease for the rental that you have due to cockroach infestation without recourse to the landlord depends upon whether or not your local health department has determined that the unit is not safe for human habitation. From what you have written in your question, you have not done this. I suggest that you consult with a landlord tenant attorney immediately as to what your legal options are.


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