QUESTION

Can my daughter get out of her lease if the place was infested with roaches?

Asked on Nov 02nd, 2013 on Landlord and Tenant Law - Washington
More details to this question:
My daughter moved into an apartment where the rental property does not let you do a walk through until the lease is signed. That evening she moved in, there were roaches everywhere. Is there a way she can get out of the lease without penalty? It has been 2 days.
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4 ANSWERS

Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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Your daughter needs to give the landlord an opportunity to correct the problem first. Send the landlord a letter or email attaching pictures of the problem, keeping a copy Of the letter and pictures for your records, explaining the urgent need to address the infestation. If the landlord does not arrange for pest-control to take action within three business days, your daughter is probably safe canceling the lease.
Answered on Nov 05th, 2013 at 4:26 PM

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Yes, there are a lot of possibilities. She could give the landlord notice that she is vacating due to fraud (in that the landlord stated that the apartment was ready for habitation when it actually was not), and demand a return of her deposit, rent payments, moving expenses, etc. She could also demand that the roach problem be remedied within two days or she will move out. She could also pay herself to have the roach problem eradicated and deduct the cost from next month?s rent payment. The risks are that the landlord might take her to court and take steps to hurt her credit.
Answered on Nov 05th, 2013 at 4:26 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can try, and she should get an attorney assist her, or make complaints to the relevant authorities and courts if she is not released from the lease.
Answered on Nov 05th, 2013 at 4:26 PM

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There appears to be an issue with habitability. There is recent case law that would support your getting out of the lease. You may want to look at Landis & Landis Construction, LLC v. Nicola Nation dba Nation Management, 286 P.3d 979 (2012), a Washington appellate case. Landis had a similar situation except the infestation consisted of rats instead of roaches. I would recommend you contact an attorney to assist you with this.
Answered on Nov 05th, 2013 at 4:25 PM

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