Let me make a long story short- we have roaches in our apt. We have had them for many months. Landlord has been notified on numerous occasions and sends pest control out every couple months. They spray in apts and roaches still come back.
We have a baby. After researching, I found how terrible the chemical can be and was residual effects it can have on children. landord is aware.
They said they knew of source and tenants were warned. Also if problem continued they would evict residents where source was.
Landord has breached Addendum with following rules and regs for cleanliness. It is the landlords job to follow up if they know another resident is not following those rules. They never followed up after my 5th complaint!
They have breached quiet enjoyment and peaceful living addendum.
They have been notifed by me certified mail that we will not renew and effects on baby. Lease is up 1/31. We want out this month not Jan- are we breaching if they breached 1st?
2006-12-08 06:45:50 · 7 answers · asked by honlene 1 in Business & Finance ➔ Renting & Real Estate
I am in Maryland and there is a quiet enjoyment and peaceful living addendum in the contract. They have breached that due to other issues in the past too.
This is a health issue not just that we want people evicted. We cannot live in an environment that is a hazard to our baby whether it be from chemicals or the diseases roaches carry.
If I see one in the nursery- I will freak out. They have been in every room including the master bedroom.
2006-12-08 07:08:55 · update #1
I had a similar situation. After my landlord did not follow-up on several maintenance issues I left 6 months early (after finding him a suitable tenant). He harassed me with letters to myself and my mother (who I had not spoken with in years) as he wanted me to pay the 6 months rent despite the fact that I found him a tenant. I continued to ignore the letters and it is now two years later. Was that the right way for me to handle it? Probably not, but the moral of the story is that it is a big PITA to sue somebody for one months rent. He might however take your security deposit. Forfeiting my security deposit was worth it to me and might be worth it to you.
2006-12-08 06:58:04 · answer #1 · answered by Anonymous · 0⤊ 1⤋
From what you described, the landlord hasn't breached the lease, because according to you they send out the pest control people every couple of months.
Even though, they might know that another tenant has caused the roaches in the first place, it is a very long process to evict someone, even in a best case scenario for the landlord it will still take them 2 months to get those tenants evicted. Even if they get rid of the tenants that caused the roaches, you do realize that the roaches are going to still be there for a very long time.
I would recommend not breaching, because you could very well still be liable for that final month.
Now not sure which country or state your from, but I have never heard of a quiet enjoyment and peaceful living addendum.
2006-12-08 07:00:33 · answer #2 · answered by AJ 7 · 1⤊ 0⤋
AJ is absolutly correct. And there is no breach of contract for quiet enjoyment and peaceful living. That is a noise and harrasment issue. He sends out the "bug" guys to spray every few months. He IS addressing the situation and it does take time to evict someone from an apt. Especially if the tenant is fighting him in court.
Getting the city involved will do nothing. He has proof that he is addressing the situation with the receipts. And roaches take alot of time to get rid of. They can lay hundreds of egg at a time.
Simply give your 30 day notice. Let him know that it is for the safety of your child. You will not breach your contract that way. Clean the apt and take pictures so that you may get your deposit back.
I know its frustrating. I lived with roaches in GA and they are no picnic, especially when you have children.
Do not be confrontational with the LL. Put everything in writing, take your pictures and clean the apt. And make sure that you dont take the roaches with you in your packing boxes. Seal them good with lots of tape. That is your best bet. Good luck.
2006-12-08 14:33:55 · answer #3 · answered by kimmamarie 5 · 0⤊ 0⤋
I suggest a 3 prong approach:
1. Go to your city's code enforcement office and make a written complaint. This is a violation and there might be others you don't know about. Follow up and get a copy of the findings.
2. Go to an attorney and have him/her draft a letter requesting the cancellation of the lease and list the reasons why. Receiving a letter from your attorney will ensure getting his attention and will think that it's better to cancel the lease than being sued.
3. After you have done the previous 2 things give him a call and tell him that you are very concerned with the health of your baby, that you went to see a doctor and the doctor told you it could be the chemicals. Tell him that you don't want a fight, all you want is to be out of there. Make him feel (very subtle) that a law suit is in the horizon including damages for medical reasons.
The code enforcement will take much of his time and will cost money, your lawyer will give him the impression you are ready to fight, you conciliatory call will give him a cheap way out. He'll do the math and let you go.
2006-12-08 07:06:58 · answer #4 · answered by madrax 3 · 0⤊ 1⤋
The most realistic option is to give notice that you are moving out 30 days from today.....and give the prorated rent for the days in january that are included in the 30 days.....he will fight you and keep your deposit.....however, you too have rights and you'll have to exercise them.
Go ahead and move out, demand an exit walk thru and document the condition of the apt and then immediately mail him a demand letter for your deposit w/in 10 - 30 days (whatever your state allows - AZ allows only 14 days) for return or disposition of deposit......when that time passes by w/ no refund, then you go to small claims and request a hearing.....
It's up to you to prove that the landlord rendered the property uninhabitable in court.....good luck.....you don't need an atty, just documentation and proof.
2006-12-08 09:46:38 · answer #5 · answered by Paula M 5 · 0⤊ 1⤋
hi, i'm unable to verify that the owner has executed something incorrect right here. as far as shifting is going, he may well be entitled to charge dazzling for the duration of the top of the hire if he can not sell or re-hire the placement. as far because of the fact the backyard is going.... some trash luggage and slightly artwork on your end ought to alleviate the trash you're saying is everywhere, which leads me to invite.... why in the international might you hire a place that's trashed? you're saying that's the variety of superb domicile leads me to question your motives right here? Relocate to the recent interest and end the deposit and pray to God he does not ask for something of the hire. And why do not you have something of the deposit???
2016-10-17 23:57:45 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Go to the Ombudsman and log a complaint. Tell them you are moving and why.
2006-12-08 06:48:05 · answer #7 · answered by GirlinNB 6 · 0⤊ 1⤋