I am turning this in to my landlord: I am willing to vacate the property/forego visiting the property for 4 days to allow you to Completely exterminate the property of roaches & correct this situation as long as it is done within 7 days or I will start withholding rent.
My question's are do I have to give them dates of the 4 days or does it start when I hand it to them, I have been going to the apt every day once or twice a day to clean up the dead roaches & kill any live I see but if they do decide to do something about this, I won't know not to go & I could walk in to a place they just used pesticide & I don't want to be breathing that in. Do I wait for them to get back to me saying they did something & they pick the 4 days (I know they may not do something) or do I hand it to them (I'm mailing it too) & not have another conversation with them until the 7 days is up? Also they called me today & left a voice mail saying she wants to discuss a concession we want to give you for the trouble with the pest control issue, however it's still an issue & I spent 4 days in a row last week telling them this, even breaking down & crying in the office & all I get is just more bull----.
You CANNOT with hold rent unless you want to get caught in an eviction lawsuit. Period. If you are at the point of sending a 7 day notice you would be a fool NOT to hire a lawyer to draft and send it for you for a variety of reasons, even though it will cost you money to do so.
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Not sure what you mean - there is no "4 days" of any significance here (or at least none that I am aware of); the landlord can either do the pest treatments he/she wishes - or not. The "4 days" to which you refer is an obligation of the tenant (i.e., to vacate) IF and WHEN the landlord does the treatments - and not 4 days imposed on the landlord to do something at any given time. In other words once the LL decides to exterminate WHERE "vacation of the premises is required for such extermination," the TENANT must vacate for up to 4 days. here, the LL has NOT said it plans to exterminate where the "vacation of the premises is required for such extermination," and i can say that such extermination would be VERY UNUSAL in the case of roaches. In any event, assuming pest control is an obligation of LL under the lease, and assuming the extermination is SO SEVERE as to constitute a material noncompliance with your lease, the proper remedy is to send a "7 day letter" (to terminate your Lease) per Section 83.56. You really should consult a good local tenants lawyer for guidance here, you are going about this in the wrong way, I am afraid, and could very well get yourself in trouble. Hope this helps - good luck! gsg
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