Landlord vs tenant?

Question

I have rented out an apartment for two ladies. They signed a contract with me for 6 months.They signed, that the apartment is in good condition after seeing it. They gave me the deposit and first month rent. After couple of days they decided to move out, because of the cockroaches present. Now they want all the money back from me. I had to pay my mortgage and lost whole month because of them. Now they say they will sue me if I won't give them their money back. Are they right?

Answer 1

Did they contact you about the cockroaches and ask you to fix the problem before they moved out?

If not then let them sue, it is your word against theirs.

Try to settle, unless they damaged your place keep the rent and give them back their deposit. No judge would allow award them the rent money unless they can prove they gave you ample time to address the roach problem (or they can prove you knew about it and did nothing about it).

Hire an exterminator and find new tenants.

Answer 2

No. You guys had a valid contract. More than likely if they push it too far you can sue them for the extra rent you lost due to having a 6 month rental agreement with them. How long did it take you to rent the apartment after they moved out? If they were of sound mind and body and there was nothing making the performance of the contract impossible, and you didn't include a clause in there as to what would happen if they move out early, more than likely you can get more money out of them than they paid. Especially if it took you a couple of months to rent the apartment after they moved out. The next time you draw up a contract for a certain amount of time you should include a clause stating what will happen if the tenants move out early. Just tell them if they take you to court you will counter sue and they will probably owe you more than the original months rent.

Answer 3

There are some circumstances missing here, but I'll give this answer a try. Did they notify you of the roaches? Did they give you a chance to fix the problem? Why would they simply move, instead of calling in an exterminator? It does not sound as if they deserve their deposit back, in fact it seems you deserve to charge them for the time the apartment was vacant plus any charges you incurred to re-rent the apartment (such as advertising). Then, if anything is left after that, they deserve the balance due. Sounds as if you need to consult a lawyer.

Answer 4

Yes, it is legal. Your landlord is NOT required to notify you of any repair work planned other than that which is INSIDE of your living space. While it is a common courtesy to notify tenants of such exterior work/repairs, it is not required that your landlord do so. Now, to your other complaints. If you need to leave the driveway, you only need to yell at the roofer to move his vehicle, and I'd guess that he will do so. Relative to the 'ceiling stucco', would anything be different, had you been notified in advance ? Get a grip.

Answer 5

They broke the contract they signed. They should have contacted you about the roaches so you could send in an exterminator. They can't blame you for the infestation since most apartments her have roaches that may not come out of hiding until someone moves in. They probably brought some with them hidden in their furniture. You can sue them for the lost rent for rthe term of the lease.

Answer 6

It depends on the housing laws of yoru state and city. Most times, laws take precedence over contractual terms where things like public safety and health are concerned- meaning, even if u wanted to rent out a crack house, and the tenant knew its a crack house, they could still technically rescind for health code violations.

Unfortunately, it IS up to the landlord to ensure a completely healthy and safe environment for tenants. Contracts are of limited protection here, but do some research and verify your rights.

Answer 7

The issue here is the contract language. Habitability rules typically refer to the structure of a building being "habitable". Having cockroaches may require a pest control treatment, but it does not make a property uninhabitable by itself. If you have a valid rental agreement, you can likely hold the renters to it. I suggest proposing pest control and having them move back in. Short of that, I'd consult an attorney. My guess is that you'd win a court case if you have a valid rental agreement.

Answer 8

let the sue you.
They will have a hard time explaining why they did not give you a chance to correct the problem.
What is the worst that could happen? they sue you and win...if they do they you pay the money back.
Most people threaten to sue but never do so.
I would keep it and take my chances.
I would also say that they brought the coachroaches with them.
NO refunds
unless forced
when they tell you that they are going to sue you again, tell them great as you are going to sue them right back for breaking the lease without giving you thirty days notice
FAIR IS FAIR
you owe them NOTHING

Answer 9

They signed a contract (I'm assuming either rental agreement or lease).

However, there's a "habitability" rule that generally applies in most states, and part of that is freedom from vermin.

There are landlord rights groups; contact one of them. Or an attorney.

Answer 10

I believe so. It sounds to me like you're into the mindset of blame. Little things we do in life, or responsibilities that we ignore can bite us.

That being said, I think it might have been more reasonable for them to have asked for the problem to be taken care of.

So you can make an argument either way, I suppose.