What are my rights as a renter due to pest infestation? 6 Answers as of August 15, 2011

Would I be breaking my lease if I move out of my apt due to a cockroach infestation? They are so bad you can actually smell them, and I believe that is a health violation?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
First thing you need to check is what does your lease see about insect or vermin infestation. Who is responsible for dealing with it, you or the landlord? Second, is this an apartment in a building where the problem might be systemic or are you renting a house where you're the only tenant. In the latter case it is more likely that it's your problem. If it's the landlord's problem, then thoroughly document your complaints before you move. In writing, certified mail return receipt. Set forth how many times you've complained, what the landlord has not done, and that you will have no choice but to move if he can't remedy the problem by such and such date. Be prepared for a fight over your security.
Answer Applies to: New York
Replied: 8/3/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
The landlord is always under a duty to maintain habitability; i.e.; the implied warranty of habitability. However, habitability can be in degrees. You query cannot be answered in a forum like this. I would have to conduct a detailed consultation with you which you would have to retain our office for; i.e., pay us.
Answer Applies to: New York
Replied: 8/3/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
It will be breaking the lease, the question is whether or not there will be repercussions. That will depend upon whether there is someone to certify the apartment is not habitable, and exactly what it says in your lease about remedying breaches. For example, have you notified your landlord of the problem and insisted that he/she address the issue immediately? I suggest contacting Legal Aid/Free legal services where you live for assistance.
Answer Applies to: Colorado
Replied: 8/2/2011
Durgin Law, LLC
Durgin Law, LLC | Matt Durgin
You need to first start by addressing your concern with your landlord. Send a letter certified mail return receipt for proof that you advised your landlord. If s/he does not properly address the problem then you might have a constructive eviction argument to break your lease.
Answer Applies to: Kansas
Replied: 8/2/2011
Click to View More Answers: