We moved in our new home, found out we had roaches, then a few days later found out we have bed bugs.
These conditions do not necessarily warrant the breaking of a lease. Inform your landlord of these problems in writing and request that he remediate them. If he fails to do so within a reasonable time then you may have other options available to you which may invlude going to court. You must also look to the terms of your written lease to see if it addresses which party is responsible for pest control.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
2 lawyers agree
Real Estate Attorney
You may have a Warranty of Habitability defense. But, you need to read your lease very closely and comply with notice requirements of the Warranty Statute, or possibly self-help to remedy the infestation problem. I sugguest that you read my AVVO Legal Guide about the Warranty of Habitability.
Donald at Robinson and Henry, PC at (303) 688-0944 or Donald@RobinsonandHenry.com. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.
General Practice Lawyer
Mr. Eby is dead on with his analysis. You ought to sit down with him to consult and make sure you bring your lease.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Divorce / Separation Lawyer
Please do contact an attorney - many give initial free consultations. Being successful in breaking a lease without any repercussions is partially dependent upon you taking all the required steps, such as notifying your landlord of the problem, and giving a reasonable period of time for the problem to be fixed. This doesn't mean that you have to live with the bugs during that time (ewwww.) - but you do need to step through this process carefully.
This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.