I have already paid July's rent but have been unable to live in the apartment because of a bed bug infestation since 6/30. I notified the landlord on 6/30 and an exterminator confirmed my apt had bed bugs on 7/3. They came to spray the first treatment on 7/9 and have a second treatment scheduled on 7/24. However, they have not inspected or treated any other apartment in the building. Additionally, when they came to spray the apt the chemicals stained/discolored my mattress that we recently bought in February. I am worried about reinfestation and my apt is currently uninhabitable. Am I able to break the lease without financial penalty?
A lot depends here on a couple of things. Did your lease just start? Unless you are in the first month of your lease, you probably don't have a right to break the lease. The landlord has a responsibility to either give you a rent break for the time you can't live there, or actually pay your costs of living someone else while he addresses the problem, but you don't have a right to break the lease because of a future fear of infestation. Since you may have claims against your landlord it may be possible to negotiate a broken lease as a waiver for those claims, but in this case, where the landlord responded quickly, it's unlikely.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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