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I killed them!

Anonymous
Posted by Anonymous
  • 12 Replies
Can someone please tell me at what point it is acceptable to break a lease due to a roach infestation? We are talking infested. I have them so bad they are getting into the fridge and now in the microwave. One is literally stuck in the door of the microwave right now. When is enough ENOUGH and I can break my lease with no penalties?

I am so tired of cooking dinner and having roaches fall on me from the light fixture. They are EVERYWHERE. I could go around this apartment and take pictures and find AT LEAST 10. If not more. Please someone tell me there is something I can do to get out of this lease. The apartments are supposed to come spray every two weeks. They NEVER come to our apartment. BUT when I call, they say they came and sprayed. Idk what to do, but I need outta here.
Posted by Anonymous on Dec. 30, 2013 at 5:43 PM
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Replies (1-10):
LokisMama
by Platinum Member on Dec. 30, 2013 at 5:44 PM

What state are you in?

YOu need to check the landlord/tenant laws for your state, as well as your lease agreement.

MrsDavidB25
by Stacey on Dec. 30, 2013 at 5:44 PM

 Nasty. How much longer is your lease for? The LL has done nothing?

Anonymous
by Anonymous 2 on Dec. 30, 2013 at 5:45 PM

You can break the lease but you have to call the health department first. Get lots of pictures.  

zombieskayer
by Platinum Member on Dec. 30, 2013 at 5:45 PM

IDK if it depends on the state, but in PA if you call them and tell them to do it and they don't do it you can tell them you are going to withhold rent until the problem is taken care of.. Usually they let you break it.. 

Anonymous
by Anonymous 1 - Original Poster on Dec. 30, 2013 at 5:50 PM
Texas. Where can I find those laws?

Quoting LokisMama:

What state are you in?

YOu need to check the landlord/tenant laws for your state, as well as your lease agreement.

almondpigeon
by Ruby Member on Dec. 30, 2013 at 5:51 PM

call the health dept?  i don't know, but i would be ready to get out too.  

LokisMama
by Platinum Member on Dec. 30, 2013 at 5:55 PM

http://texaslawhelp.org/issues/housing/landlord-tenant-1

That's the first one I found. 

Quoting Anonymous: Texas. Where can I find those laws?

Quoting LokisMama:

What state are you in?

YOu need to check the landlord/tenant laws for your state, as well as your lease agreement.


LokisMama
by Platinum Member on Dec. 30, 2013 at 5:56 PM

About breaking the lease: 

If You Have Problems

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:

  • End the lease;
  • Have the problem repaired and deduct the cost of the repair from the rent; or
  • File suit to force the landlord to make the repairs.

You MUST Follow These Steps:

  1. Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
  2. Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, you will need to send a second notice letter regarding the needed repairs.
  3. If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested or by registered mail, you maybe entitled to terminate the lease, repair the problem and deduct the cost from your rent, or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions.

Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord or intentionally damage the property.

You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your health and safety. If you try this method, the landlord may file suit against you.

Recovering Your Deposit. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or to cover your failure to pay the last month's rent. By law, landlords cannot refuse to return the deposit without a valid reason.

Deductions for damages. Under Texas law, you must give the landlord a forwarding address and the landlord must return the deposit — less any amount deducted for damages — within 30 days. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.

Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your water bed leaks and the carpet becomes mildewed as a result, you may be charged.

Advance notice requirements. You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require 30 days notice as a condition of returning your deposit.

If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. You can also contact the Better Business Bureau or your local tenant's council. You can also file a complaint with this office.

Anonymous
by Anonymous 3 on Dec. 30, 2013 at 5:56 PM
SusieQue717
by Gold Member on Dec. 30, 2013 at 5:57 PM

I'd have broken it after 3 roaches. Sorry. I am TERRIFIED of them. legally, I'm not sure... 

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