Breaking a rental lease due to pests found after two days from moving in.

Asked almost 2 years ago - Sunrise, FL

We have moved in after signing the lease. the apartment was found unclean. we informed the management on the same day and asked them to release our lease. they agreed to reduce the period to seven months instead of one year and pay extra $50 per months. Next day we found cockroaches everywhere in the house and we have kids. we informed them right away that we do not agree to this situation and we want to move out. they suggested that we either move to another floor plan in the complex and pay extra money per months or pay the 2 months breaking lease penalty.
The apartment is unclean and they shouldn't have rented it in the first place. keep in mind that they sprayed it so we can not see the cockroaches on the first day.

Attorney answers (1)

  1. Jimmy Allen Davis

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Florida imposes a duty upon landlords to rent property that is habitable. This includes being pest free. Generally, it is reasonable for a landlord to be given a chance to cure slight problems (1-2 roaches, etc.) but this seems like an infestation. It already sounds like they are in breach of their statutorily imposed duties. They can arguably claim that moving you to another apartment is their cure.

    An alternative to getting out of the lease is to place the landlord on notice that you will withhold rent to cure the problem yourself. If you choose that route you need to do this in a very specific manner or you may be served with an eviction notice. Chances are, if you serve them with notice you can present them with an alternative to simply release you from the lease and they will let you go.

    I recommend you obtain a landlord / tenant attorney to take you through this process. You can contact me at jimmy.davis.esq@gmail.com or call me at (386) 873-8422 for a free consultation.

    This sounds fairly awful, so whatever you do I hope you find a resolution quickly.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/... more

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Breaking a lease agreement

Breaking a lease is considered a breach of contract, and you may have to pay a penalty to do so, unless the law prohibits penalties for your specific situation.

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