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    MeganMac17's Avatar
    MeganMac17 Posts: 2, Reputation: 1
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    #1

    Sep 12, 2006, 10:13 PM
    Bugs in apartment
    Hello. Does anyone know if I can terminate a lease early, with NO consequences, if I have bugs in my apartment, and the landlord knows about it, and is NOT doing anything about it? Any advice would be greatly appreciated!
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Sep 13, 2006, 04:00 AM
    That's a tough one. Check your lease to see if it's mentioned. It can be arguable as to who caused them.

    I would give the landlord one last chance to correct the problem, letting him know that if he does not, then you'll be forced to call the city code enforcement people.

    ... and follow through with it if he does not treat for them.

    It is very unlikely that you can just get out of the lease with this alone. Check your state laws for language on landlord's maintenance/repair responsibilities.
    MeganMac17's Avatar
    MeganMac17 Posts: 2, Reputation: 1
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    #3

    Sep 13, 2006, 05:27 AM
    The bugs have been there since day 1, so I would like to say that I am not the cause of them! Would that change the situation at all?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 13, 2006, 05:45 AM
    No it wouldn't. The issue is three fold. A) does the lease say anything about pest control, B) what are the local ordinances governing a landlord's responsibility for pest control and C) how bad is the problem.

    Its almost impossible to remove all bugs from a building, especially if some tenants aren't very clean. The infestation would have to be gross to trigger a building code violation. Maybe the landlord is spraying in the basement or public areas.

    If you move out, the landlord would have to sue you for the balance of the lease. If the infestation is bad (and you will need proof), then he isn't likely to win. But you will probably lose your security deposit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 13, 2006, 05:54 AM
    And I will add that tennants have some liablity to try and do some normal control on their own,

    Have you also bought any bait traps, any bug bombs and the such. Unless your lease specificly says that the landlord will do all pest control.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Sep 13, 2006, 07:36 AM
    Hello Megan:

    It makes a difference what state you're in. Saying it had bugs from the beginning SOUNDS like it helps your case, but it actually helps the landlord's case. Some states (Florida for one) rents "as is". Therefore, if they were there from the get go, then they're included in the "as is". But, even in other states, I promise you, a judge will be very interested in why you moved in IF there were bugs.

    ALL states, however, have a warranty of habitability. That means the premises must be habitable. Bugs in MY house would make it UN-inhabitable.

    You say the landlord knows about it, however if/when you get to court, you're going to need to prove it. Write him a letter. Send it certified, return receipt requested. In it, tell him about your bugs. Tell him that if the problem is not corrected in 10 days, you will consider it a breach, and you will move forthwith.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Sep 13, 2006, 07:15 PM
    Do these "bugs" have the potential to do harm to you and your family, either directly or indirectly (such as termites causing structural damage?) IF so then you'd probably have a case. If these "bugs" are benign creatures, on the other hand, then probably not since that would be considered "normal", in a sense. Let's face it, every dwelling gets insects occasionally.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #8

    Sep 14, 2006, 10:15 AM
    "Bugs" are people too... use over the counter remedies that are safe for children and pets.
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