I have a mice infestation in my apartment and so have not stayed there for over 2 months, can I get my rent back?
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I have a mice infestation in my apartment and so have not stayed there for over 2 months, can I get my rent back?
I have been paying rent even though I have not been living there. I have witness that I have not been there.
Asked on December 3, 2012 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You most likely cannot get the rent back:
1) First, you'd have to show that the landlord was aware of the infestation and, despite that awareness, did not take reasonable steps to try to combat it. Note that the landlord's steps don't have to be instantly or totally effective--the landord just has to do what a reasonable landlord would in similar situations. So, for example, if the landlord hired an exterminator who has been treating the problem, that would likely be good enough even if the treatments have not yet been fully successfully.
2) More importantly, you would have to show that the infestation is so bad that it renders the premises uninhabitable *and* that the average reasonable person would have been forced to move out. If most people would not have moved out, then you can't recover your rent, regardless of whether or not you personally moved out.
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