If a home becomes infested with roaches after a tenant has occupied the unit for only 6 months, can the landlord say no to moving the tenant to another unit?

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If a home becomes infested with roaches after a tenant has occupied the unit for only 6 months, can the landlord say no to moving the tenant to another unit?

What about reducing rent?

Asked on December 3, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Hold on there.  You apartment has a roach infestation?  Then under the law there has been a breach of the warranty of habitability that comes with every rental.  And yes, you need to do something about it.  You need to go to court and start an action as against your landlord for the breach, ask the court to pay your rent in to court and for an "abatement" -reduction of the rent - for the time it has been happening and until it is fixed.  And if it is not fixed then ask to be moved or let out of your lease.  Good luck!


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