How can I go about terminating a lease because of roaches without any penalties?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I go about terminating a lease because of roaches without any penalties?
We have been out of our apartment for 3 weeks because of a roach infestation that began in another apartment. The management says they have had exterminators spraying 3 times a week but we still have a high volume of roaches. We have 2 small children and want to terminate the lease and move somewhere else due to the sanitary issues involved.
Asked on August 13, 2012 under Real Estate Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You yourself can not terminate the lease. You can ask the landlord to let you out voluntarily due to th breach of the warranty of habitability or you can go to court and bring an action against the landlord for the rbeach of warranty, ask that they allow you to pay your rent in to court and for an abatement (reduction) of the rent. The landlord will respond indicating all they are doing to stop the infestation. The court will allow them time to fix the problem but will not let it go on indefinitley. Bring up the issue of the pesticides they are using and the harm they can do to your kids. It is an issue that needs to be addressed. Ask that the court void the lease if the matter is not resolved asap. 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.