Very serious question......please don't laugh.?

Question

I have Entomophobia ( fear of insects). How do I legally get out of my lease agreement with my apartment if it's roach infested.

Before you answer here are some facts:

A tenant in this building was recently evicted because her apt was infested badly. Now the roaches are spreading to other apts. Management had the entire building sprayed (my apt sprayed several times), but roaches are still here. The manager says she can have them bomb my apt, but I have 2 small children and don't want them exposed to chemicals. My Entomophobia has gotten so bad since living here that now I have to seek therapy (seriously...it's that bad). There was one in my kitchen and I had my mother come over ( she lives about 15 miles away) to kill it. It's truly a dibilatating fear. If the apts decide to not let me out of my lease, can I take legal actions?

I have researched and the chemicals are a hazard to your health. That's why they tell you to clean the apartment well after they bomb the place. It's not about money, it's about my family's health and welfare. If the entire building is infested. bombing my apt won't help!

Answer 1

I am not a professional of legal actions but it seems to me that if you have these fears and are going to therapy for it and can back that up then you can most def. take legal actions if they don't let you out of your lease. This place might be doing what they can to rid of these horrid creatures but the fact is they have not and you are still suffering. Roaches are foul creatures and spread foul things.They live in the walls, floors anywhere and are near impossible to rid of, chances are that complex will always have them if they are that bad. Do what you need to do to protect you and your family. Best of luck love.

Answer 2

I don't have the "fear" you are describing, but I would be hard pressed to live somewhere that is roach infested. As a tenant you have the right to live somewhere roach free.. I would have the apt. bombed... As long as you open the windows and air out the apt when you come home it should be fine... If you are really worried about it have you mom take you child(ren) to her house while you go home and open the windows.... Also, if you buy some boric acid and sprinkle it along the foundation line of your apt.. The roaches will stay away.. Especially, along any door thresholds/behind and under appliances.... Good luck...

Answer 3

I'm sure there must be some way for you to get out of your lease. Check with city hall and find out if: A) They provide some sort of service for dealing with landlord / tenant disputes, or B) What the health / building inspection departments can do about forcing the landlord to deal with the problem.

If there are no free services offered by your city, find an attorney that specializes in landlord / tenant matters. They should give you a free half hour consultation. See what they have to say.

Good luck!

Answer 4

Yes. Usually it starts with a tiny, moderately humorous, thought which I'm able to contain but I immediately follow it up with a thought of how inappropriate (and therefore funny) it would've been to have laughed, at which point I laugh. Recently I have trouble avoiding this situation when my wife and I are having a supposedly serious discussion. If you ever really want to piss off a partner, I suggest giving this a try.

Answer 5

You serve the landlord with the problem in writing then if he does nothing within the next few days you file for a reverse eviction. Any attorney can handle this. I'd tell him if he doesnt kill ALL the roaches or let you out of your lease within the next 72 hours then you are taking him to court and filinf for the reverse eviction. Keep written records of every phone call and conversation you have. Make sure you take your doctors notes with you.

Answer 6

No, I don't think a judge would see it your way in this case because the management is doing whatever they can to try and deal with the situation. If you don't want your home bombed, that is your decision, but that is a reasonable response to your situation from management.

I understand that it is grossing you out, it'd gross me out, too, but an owner/manager is only responsible for doing what it can in a given situation--they are doing what they can, they are not neglecting the situation, so a judge is not going to find fault with their reasonable attempts to deal with the situation.

You might try talking to them and explaining your concerns and therapy and the fact you don't want your kids exposed to more toxic chemicals. That is all reasonable on your part, but it isn't a reason to be able to break your lease. You are better off seeing if you can work with them for an early release of your obligation and they might agree so they can bomb the hell out of your apartment when you go. Keep in mind that the roaches might be coming with you when you move! You might want them to bomb your place one more time before you try and move anywhere.

Answer 7

i would imagine that you could break your lease because of the roaches being there.
and i understand about you not wanting them to bomb, so for the time being i have a temp. solution for you. go to walmart and buy some borax ( its in the laundry soap aisle ) sprinkle it along where the roaches are walking, or along the walls of your apt. then when you move out you can just vacuum it up.
something in it makes the roaches die, but it isn't poisonous to kids or animals. i used it while i was in a roach infested house, and i have both kids and animals who got in it all the time.
i hope you can get out soon for your piece of mind

Answer 8

You can legally get out of your lease. But you might need to get a lawyer. You can't be expected to live in an apartment that is overrun with bugs. In fact, Saturday Night Live's Mya Rudolph, her husband, and their baby, had to evacuate their $13,000 per month Manhattan apartment several months ago because of a bed bug infestation. They sued the building's owner.

Answer 9

Yes, pursue it to the fullest BECAUSE your health is at risk!

I am more afraid of the treatment over the infestation.

Most pesticides contain harmful substances, which will give people cancer. They defeat their purpose.

Get the tenants together, either write to them or if you are friendly with them, have a meeting with them.

Propose that you have the building condemned, and seek legal help because you are literally going to be in the fight of your life!

I also would advise watching a movie with John Travolta, about a lawyer who fought for the rights of a community dying from cancer. ("A Civil Action")

Answer 10

First a good exterminator would cut a few holes in cabients and could get rid of the roaches.
Second: Have your doctor to write you a note saying you have the above condtion and give it to your landlord.
At that time give landlord a 30 day written notice.
It's that simple.. Good Luck