If you are responsible for paying for pest control, can you break a lease if there is a bad roach problem in your duplex?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you are responsible for paying for pest control, can you break a lease if there is a bad roach problem in your duplex?

We moved in and noticed right away that there was a very bad roach problem. Our lease provides that we are responsible for paying for pest control. We bombed and sprayed; nothing worked. I contacted the manager telling her we couldn’t get the bugs to go away because they are coming from our neighbor’s connected wall. I have a month old child and do not want her in this environment. The manager understood and had someone spray both sides (it didn’t stop the infestation). When the exterminator told her he would have to come out several times to stop the problem. She said they cannot afford it. I saw a dead roach in our fridge. What can we do?

Asked on May 28, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, all leases have what is called an "implied warranty of habitability," which is a term added (or "implied") to leases that the premises rented are habitable and fit for their intended purpose. In residential leases, this typically includes pest control, and the landlord is usually responisble for making sure there are no infestations. You, however, maneiton that your lease provides that you are responsible for paying for pest control, which complicates the usual analysis: it is allowed for the parties to a lease to contract to shift the cost or responsbility of services like this to the tenant. You may have enforceable rights, to require pest control, but based on the term you list, it is not definite or certain; you should bring the lease to an employment attorney who can evaluate it and your rights in detail. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption