Can I terminate my lease agreement without breaking it if roach problems persist? What else can I do?

Business 4 views 2 answers
Day 1: Move-in. I got the keys at 9:30 am and moved some stuff into the apartment at about 12 pm & 4 pm. At 8:00 pm, I discovered a roach infestation. I purchased Raid, Traps, bagged stuff, and stayed at a friend's home. Day 2: Gave management written notice of infestation (citing § 33-1324 ) at 9am. They're having pest control fog the apartment w/in 5 days (and a 2 week follow up) but the bugs are all over. I can't stay. I'm worried fogging won't fix the problem, because roaches are in other units in the building. What can I do? Lease has a pest control addendum. Apartment isn't liable for expenses etc. from pests. There is also a liquidated damages clause for breaking the lease. Asked for pro-rated rent, but they wanted me to sign a K (indemnity & non-disclosure). I didn't sign.

Attorney Answers

2
Mark Wright ·
It can be very difficult to break a lease, even for a roach problem. The roaches may be from a neighboring apartment and not your apartment. If the landlord makes a good faith effort to respond and deal with the problem, then breaking the lease is probably not a good idea. Since this is a very fact intensive situation, you should contact a local attorney to help you. The attorney can review the language of the lease and advise you.
0 upvotes
Tevis Reich ·
It is possible, but there is a strict process that must be followed. I would recommend that you consult with an attorney.
0 upvotes

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