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mountaingirl · Oct 30, 2008, 05:23 PM

We have been renting an apartment in Boise, ID for about 5 months. We discovered that we have a cockroach infestation a few days ago but have suspected it for about a week, we brought it to the attention of the land lord and he said that he would "add us to the list" for the exterminator. So they came and sprayed our apartment, luckily my husband was home because they didn't call first. We will also need to replace our toaster and microwave because we were told the bugs thrive in them because they are warm and vibrate. We are planning to move when our lease is up but with the infestation we are wondering if we can leagally break the lease without being peanalized. :confused:

Fr_Chuck · Oct 30, 2008, 05:48 PM

It seems they are taking care of the issue? And no you can clean your toaster and even microwave and spray microwave harder.

But also have you bought products to help get rid of the products

rockinmommy · Oct 31, 2008, 07:48 AM

First, have you read your lease and followed exactly what it says you're supposed to do for maintenance requests? Make sure you do that. What I'm getting at is make sure you've made a WRITTEN request.

Second, read your state's landlord / tenant laws. There's a "sticky" at the top of this forum with a link for each state. Make sure that what your lese says about maintenance issues follows what the law requires, and see if there's anything additional that applies to your situation.

NOW, as far as the roach "infestation"... It's impossible that you've lived there for 5 months, started seeing bugs just a week ago, and now you're INFESTED. It just doesn't work that way. What - how many bugs have you seen? Did the exterminator confirm that they are cockroaches? There are lots of bugs that people mistake for roaches. Don't get me wrong - they still need to treat for them. Just make sure that if you're going to attempt the get out of your lease that you have all your ducks in a row. Did anyone new move in on either side of you - or move out? That can cause the bugs to migrate - looking for food. Also, this is a common time of year that critters start "coming in".

Basically, as long as the landlord is responding to your concerns you're probably not going to get out of your lease for this reason. The court will look at what's being done and what COULD be done. Extermination is an ongoing issue. One treatment will not totally rid a property (especially a multi-unit property) of all bugs. But there's not much more a landlord can do than get a treatment plan going. If they're making a reasonable attempt to deal with it that's usually all that is required.

ihatecockroaches · Jul 10, 2010, 07:33 AM

Just because a landlord is responding to a pest issue doesn't mean that you have no legal rights as a renter. Ex: Lets just say a tenant calls the landlord about a mouse infestation. He responds by coming out and putting out a few snap traps around their apartment. Several weeks go by and not only do none of the mice get caught in the traps but now they are starting to see many more mice than before to the point where they are invading the foods supplies and other areas of the apartment.

Does that fully absolve the landlord of all further duties to eliminate said pests? I hardly think so and I doubt any judge would see it that way.
Even if they hired an exterminator but the problem got progressively worse over a time the landlords duties does not change. BTW in some states even if its not spelled out in the lease. Elimination of Pests and keeping the apartment habitable is the responsibility of the landlord whether implied or not. That's why it is so important for you to read up on what the landlord/tenant laws are for your specific state.
Another option would be to consult an attorney who would be able to steer you in the right direction. Also as was mentioned make sure you put everything in writing. Words mean nothing when you are dealing with these kinds of issues especially in landlord tenant. Imagine if this were to go to court how could you prove that this was even an issue because the landlord could easily lie and say he never knew about it and landlords do lie. That's why its so important to put it in writing and get proof of mailing.

(By the way the above scenario is based on an actual event.)

ihatecockroaches · Jul 10, 2010, 07:38 AM

BTW- Discovering pests 5 months into a lease or even 10 months into a lease for that matter has no bearing on your legal rights as a renter. Know your rights!!

amymjones79 · Aug 19, 2011, 08:41 PM

I moved in my home last month I saw a few roaches not many as I stay here I see a lot the land said he would get some one out here tospray and he still has not my son that ios sick had one in his ear I told him I was moving he said I had to pay for the year what is my rights