I’ve been living in my apartment in south florida since July 2019. In October we started noticing a lot of roaches in the apartment, so I contacted the assistant manager of the complex. She sent pest control to spray and let us know they should go away, that it’s normal to see them once in a while. I didn’t make things a big deal, then a few weeks later we find an entire nest under the bathroom sink, so we report it and all they do is send pest control again. Few weeks go by again and we continue to find more and more roaches, now in our clothes drawers and inside the sink faucet. It’s pretty much an infestation and now it’s making it uninhabitable. Can I break my lease due to this?
Maybe. In any event, you must provide the LL appropriate notice. I recommend that you talk to a LL/Tenant lawyer for advice.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
Perhaps. It would depend on the extent of the infestation. You might want to have a reputable pest company (or two) confirm that for you in writing in case push-comes-to-shove, and you end up in court. In any event, AS LONG AS YOUR RENT IS PAID IN FULL AND UP TO DATE, you can send the landlord a so-called “7-day notice” pursuant to Section 83.56 Florida Statutes, demanding the infestation be eliminated in that time, or that you WILL TERMINATE the lease - and IF the landlord doesn’t complete the extermination in that time, you can terminate your lease and move out on day 8, even sue the landlord if you wish. You have to be ready to move though, there’s no bluffing here, as the Landlord doesn’t actually have to do a thing. Consult a good local tenants lawyer for a more thorough explanation.
Hope this helps.
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
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