Can I break my lease if I have roaches?

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My neighbors are nasty and I live in a duplex. The owner of the property is a aware of the roaches and he has tried to fix the problem, but to no avail. It was under control for a brief time and then the neighbor started some work and was tearing up the roof and now they are back. It is so nasty and they are dirty people. We keep our house clean and keep everything in containers and these bugs are everywhere. I went to wake up my 4yr old for school and there was one in her bed! What can I do to get out of this mess

Attorney Answer

1
Robert Reed ·
If it is your landlord's responsibility to eradicate insects under your lease, then you can send your landlord a demand letter requesting that he hire an exterminator or you will terminate the lease. If no action is taken after a reasonable amount of time you can terminate the lease and move out. Check you lease for early termination clauses. If your lease is covered by the Virginia Residential Landlord Tenant Act then you must notify your landlord that he has 21 days to fix the problem. If your landlord fails to exterminate the roaches then you can terminate your tenancy no less than 30 days after receipt of the notice. If your landlord exterminates the roaches, but they come back, then you have the right to give your landlord 30 days notice that the lease will be terminated regardless of whether he removes the roaches again or not. Best of Luck, Robert C. T. Reed www.oldtownlawyer.com Disclaimer: This response is offered for educational and guidance purposes. It is not to be relied upon as legal advice. My having addressed your question has not created an attorney-client relationship between us. You should consult an attorney for more specific advice and information.
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