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Need to break lease-unsanitary living conditions

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Old Nov 12th, 2008, 05:01 AM     #1
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Angry Need to break lease-unsanitary living conditions

I recently moved a week and a half ago to a new apt. The apt is infested, I mean major infestation of roaches. Now the landlord was aware of this problem b/c the mgr stated they have been exterminating for a while and recently changed exterminators b/c the problem was getting worse and not better. Now, the unit was assigned about a week before i came to finish paperwork. When i came in for lease signing, still no mention of the roach problem. It wasn't until I signed the lease, received the keys, and was on my way out that the manager decided to inform me of this problem in which she stated was minor problem. I felt helpless because I had just signed the lease. Had this information been given to me when the unit was assigned or before I signed the lease, I would not have rented the apt. When I arrived to the apt, the roaches were out of control!!!! There are roaches EVERYWHERE!!!! There have been two exterminations since I moved on 10/31/08 and I have used my own pest control agents, and the problem is getting worse! I have 5 children ages 10, 6, 4, 2, and 11 mos. My 4 year old and myself have asthma in which I just found out, roaches can exacerbate an asthma condition. There are roaches in the refrigerator, dishwasher, stove, coming from the floors, the walls, in the bathrooms and per the exterminator, there are roach nests all over the apt. i have never seen this many roaches in my life. Just yesterday when I went to get my son from his crib, there were three roaches in his bed, two of which were crawling on him. I mean it is ridiculous and I feel as if I were tricked into getting this apt . I have requested to be tfrd to a 3 bdrm townhome that does not have an infestation and denied. They keep saying they are going to send the exterminator back out and when he exterminates you will see more roaches because they are running from the pesticide. However, the problem has gotten worse over the last week and I have had it. I am ready to move and my children are too. We can't keep any food because the roaches are in the refrigerator, the cabinets, all over the counters. THey are out in daylight and the problem gets worse at night and the manager doesn't show any empathy or concern. My concern is my children. What legal action can I take?
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Old Nov 12th, 2008, 10:16 AM     #2
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Default Re: Need to break lease-unsanitary living conditions

How did you miss seeing all of these roaches when you viewed this unit prior to signing (when you were just applying)? Didn't you see these when you did the pre-rental walk through inspection on the day of signing? Or did you do none of the above and just take their word on the condition of the unit? Surely you viewed this unit prior to signing?!?!

Either way, that point is moot now since you have already signed the lease and moved in. (Upon arriving and seeing roaches in the unit, I would have refused to accept the unit in that condition and would not have moved in.) Just the same, since you have already vioced your concerns to management and have had nothing donw about it, I would contact the health department and the building inspector. They will site your LL for the unsanitary conditions and order him to fix this situation. If he fails to do so, you will be able to rent withhold (through the court) for the uninhabitable condition and break your lease.
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