3 replies to this topic

[Fedup4toolong]

"I've been living in a apartment for 8 months now, in Metairie LA, 7 of the 8 months I've had to deal with roaches. Can I get out of my lease without having to pay the early move out fee of $1,200. They do have an exterminator, he's been in my apartment about 5 times now and nothing seems to work. This has been such a burden to me and has been taking a toll on me and my pets.

[FindLaw_AHK]

A landlord is required to keep your building and unit in a habitable condition. If a rental property has become infested with pests, landlords must often pay for an exterminator, unless the infestation was caused by your wrongdoing or poor housekeeping. There are often situations where a minor problem is actually a violation of some building or housing code. In these situations, if you have not had luck with your landlord addressing the issue, you may want to contact your local housing authority. These agencies can come out and inspect the problem and contact or fine the landlord regarding the issue. To learn more about your rights as a tenant, you may wish to visit the Real Estate Law Center and read Landlord-Tenant Law as a good resource.

[adjusterjack]

"I've been living in a apartment for 8 months now, in Metairie LA, 7 of the 8 months I've had to deal with roaches. Can I get out of my lease without having to pay the early move out fee of $1,200.

Probably not. You'll likely lose your deposit and be sued for it because breaking your lease is not the usual legal remedy for roaches. And even if it was, you just don't up and leave without proper notice of the defect and giving the LL the opportunity to cure.

The Louisiana landlord tenant statute is very brief and starts with RS 9:3201 at:

http://law.justia.co...06/123/123.html

They do have an exterminator, he's been in my apartment about 5 times now and nothing seems to work. This has been such a burden to me and has been taking a toll on me and my pets.

I suggest you find a do-it-yourself pest control store and buy the professional chemicals and a 1 gallon sprayer and do your own spraying.

You'll have a lot more success that way rather than risking a lawsuit and having to defend yourself in court.

[pg1067]

A roach infestation could render your premises unhabitable, which could allow you to break the lease without consequence, and it seems rather clear that you've given the landlord ample opportunity to cure the situation. Of course, it depends on the degree to which the roaches are there. One or two roaches does not make for an infestigation or make the premises unhabitable. I suggest you make a phone call or two to local landlord-tenant lawyers for consultations. You might also approach your landlord with some sort of compromise. The landlord may be willing to cut a deal to avoid any sort of publicity that the apartments are infested with roaches.