Question:
I have a bug infestation! How do I get out of my lease?
Sacawattanea
2013-11-15 13:03:06 UTC
My Husband and I are pregnant with our third child we have a two year old, one year old, and we moved into these Sealy Apartments in Tuscaloosa Alabama in August of 2013. The first night after everything was moved in and we slept we noticed right away lots of little cockroach like bugs crawling on the walls. We told Management next morning and they didn't get anyone out for a week. We seen them a little less only on Kitchen and Bathroom walls and figured they were dying off. We were wrong, they multiplied! We started itching thinking we are stressed or allergic to a soap or something. We told Management three more times about the bugs and they sent the bug guy one more time and it did nothing!! They are now in every room, on every wall, crawling on our stuff, food, sinks, bath tub, have eggs in ceiling wedges (bug company says they can't spray above the head). This apartment complex says in lease they are in charge of bug control, but I have been here for 4 months and I mentally and physically cannot take it anymore. It has gotten worse. We now have a new bug, and when doing laundry we found hundreds of maggots in bottom of basket, and we took the girls to a Doctor's check-up to find out we all have scabies! I do not want to give birth and bring my new born into this place, my two other children are suffering enough along with my Husband and myself. How do we break the lease to move out? My Father is our co-signer and he is afraid he will be left with the bill but I do not want to pay $588.00 a month to live with bugs! Someone please help?!
Eight answers:
Amanda B
2013-11-15 13:32:56 UTC
If your lease clearly states they are responsible, send them a certified letter explaining the problem and request they correct it. You can purchase a return receipt at the time of mailing or you can purchase it after mailing for a bit higher cost. Keep a copy of the letter as well. This return receipt and your letter copy will be your proof that you notified them of a problem. Most states allow landlords a 30 day period from being notified to correct an issue. Some states may be more strict or less strict, check your local laws and your lease for specifics. You could also write your notice on your rent check and request a copy of the cancelled check once it clears your bank to show that you gave them written notice and they received it (since they cashed your check to their bank account).



If you have no response after the time limit, ask your landlord if he will agree to mutually rescind the lease. I'd recommend doing this with another certified letter. If they decline or you still have no response, it may be possible to break your lease by filing in court for a breach of contract (your lease). You should always check your local laws before doing this. It usually can't hurt to ask the court clerk about it or an attorney. If you end up going through the court process and have proper evidence that you notified your landlord (Your certified mail receipts with the the landlord's signatures are good), you should be able to work out some kind of arrangement with your landlord in the court room/on public record. It's also possible that they could resist and the entire ordeal could take a long time or cost a lot of money as well.



Some alternatives would be to send the initial request letter, and if no response, contact a local health agency or other third party. The only problem is they may "condemn" the home if they feel it's bad enough forcing you to leave almost immediately.



You could also send the request and say if you have no response you'll take care of the issue and bill them (or something) and then after the time limit, hire your own pest control company or use a DIY method (bug bombs are pretty cheap). You would then have to collect from your landlord afterward. It would be hard to collect on any amount that was considered "unreasonable".



I would NOT recommend withholding any amount from your rent as your landlord could file for eviction for any missing rent if they wanted (most won't for low amounts but some do). If your landlord offers you a credit on your rent for doing it, be sure to get it in writing before deducting anything.



In my opinion, the easiest method would be to write the letter to your landlord, but treat the problem yourself. Boric acid (Borax powder, laundry aisle) is extremely effective if used properly and fairly inexpensive and easy to use without risking contamination to your food or yourself. These treatments along with strict cleaning of everything and removing sources of food and water (leaking pipes/basements or standing water after a shower or running the sink) for the bugs can help a ton as well. You can also buy baits that are easy to use, safe, effective if used properly, and not too expensive.
linkus86
2013-11-15 14:33:18 UTC
Sorry, but the law doesn't favor the tenant on this issue. In most states a landlord is abiding by the lease if they are "actively" seeking to abate the issue. They don't need to be successful as long as they are continue to try.



So, you need to continue making written requests to have them spray. Once the landlord begins to ignore you, you will have the legal cause necessary to sue to void the lease. But also remember that when these requests are made the law allows the landlord a period to "consider" the request, and another period to begin working, so the landlord will really have to ignore you for at least two weeks, before getting himself in trouble.



Good Luck
2016-03-08 08:52:08 UTC
I have no idea of you can break the lease on these grounds but how do you know when the bed bugs got in? If you have free pest control then how can you be charged for the service? Read the lease carefully.
2016-11-05 08:32:13 UTC
Sealy Apartments Tuscaloosa
realtor.sailor
2013-11-15 13:32:57 UTC
No easy way to cancel. If the lease requires the landlord to take care of pest control then they're not you would have to take the landlord to court for a "breach" of the lease.
R P
2013-11-15 13:32:36 UTC
If your lease contains an early termination clause, pay the fees as outlined and move.



You cannot break your lease without financial recourse due to bugs.
?
2013-11-15 13:10:12 UTC
Get out and see a lawyer. Landlords are responsible to provide a healthy environment. The Health officials in your town need to be notified. If you can get other tenants to call them also it would reinforce your claim. Your children come first.
?
2013-11-15 13:09:53 UTC
hire a company to come spray for you. Much cheaper than moving.


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