Can my daughter get out of her lease if the place was infested with roaches? 6 Answers as of November 05, 2013

My daughter moved into an apartment where the rental property does not let you do a walk through until the lease is signed. That evening she moved in, there were roaches everywhere. Is there a way she can get out of the lease without penalty? It has been 2 days.

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MatthewR. Schutz, Esq | Matthew R. Schutz
Possibly. She would need to give the LL notice under the lease about the problem, give him a chance to remedy, and them start escrowing the rent. I would also call the local board of health.
Answer Applies to: New Jersey
Replied: 11/5/2013
Durham Jones & Pinegar | Erven Nelson
Yes, there are a lot of possibilities. She could give the landlord notice that she is vacating due to fraud (in that the landlord stated that the apartment was ready for habitation when it actually was not), and demand a return of her deposit, rent payments, moving expenses, etc. She could also demand that the roach problem be remedied within two days or she will move out. She could also pay herself to have the roach problem eradicated and deduct the cost from next month?s rent payment. The risks are that the landlord might take her to court and take steps to hurt her credit.
Answer Applies to: Nevada
Replied: 11/5/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
There appears to be an issue with habitability. There is recent case law that would support your getting out of the lease. You may want to look at Landis & Landis Construction, LLC v. Nicola Nation dba Nation Management, 286 P.3d 979 (2012), a Washington appellate case. Landis had a similar situation except the infestation consisted of rats instead of roaches. I would recommend you contact an attorney to assist you with this.
Answer Applies to: Washington
Replied: 11/5/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
Your daughter needs to give the landlord an opportunity to correct the problem first. Send the landlord a letter or email attaching pictures of the problem, keeping a copy Of the letter and pictures for your records, explaining the urgent need to address the infestation. If the landlord does not arrange for pest-control to take action within three business days, your daughter is probably safe canceling the lease.
Answer Applies to: California
Replied: 11/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You can try, and she should get an attorney assist her, or make complaints to the relevant authorities and courts if she is not released from the lease.
Answer Applies to: Michigan
Replied: 11/5/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Notify the landlord of the condition and ask for fumigation. If the landlord refuses or the treatment fails to resolve the problem, the premises may be unfit and allows you to break the lease. Expect a fight from the landlord.
    Answer Applies to: New York
    Replied: 11/5/2013
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