QUESTION
If I have an irresponsible Landlord and loud neighbors should I request a new unit or try to terminate my lease?
Asked on Aug 13th, 2012 on Landlord and Tenant Law - Alaska
More details to this question:
My Landlord has failed to handle excessive noise complaints from my apartment neighbor at all times of the night. The previous owners of the apartment I am in now were filthy (so I found out later) and we have a terrible roach and pest problem that he also fails to handle. I would like to request a new unit or terminate my lease. Which is a better option based on the given scenarios?
10 ANSWERS
Dennis P. Mikko
If your apartment is not habitable due to an insect problem, you may be able to terminate your lease. Prior to doing so, you should provide your complaint to the landlord in writing and if it is posing a health hazard, file a complaint with the health department. If the landlord continues to refuse to address the problem after written notice and a reasonable time to do so, you should be able to break your lease. Before doing so, make sure you have adequately documented the problem.
Answered on Aug 20th, 2012 at 1:08 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No one but you can answer this question.
Answered on Aug 19th, 2012 at 7:31 PM
1 Award
If the conditions are bad enough to make the premises uninhabitable, then you could (1) ask for a different unit or to terminate the lease, (2) not pay any more rent until the landlord tries to evict you, or (3) just move out. The landlord may (likely will) come after you in court for the remaining rents, at which point your "defense" would be constructive eviction because of the untenable conditions. It is a close call.
Answered on Aug 19th, 2012 at 5:00 AM
Leonard A. Kaanta
You withhold rent until he gets rid of the pests.
Answered on Aug 18th, 2012 at 2:19 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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The bet option is to I've the landlord notice that you cannot live in those conditions, that you will withhold rent if not corrected. If not corrected either withhold rent or if it is bad and getting worse tell him you have been constructively evicted and are moving out.be sue to take pictures, bring in your own exterminator and tape record the noise.
Answered on Aug 18th, 2012 at 2:04 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Escrow your rent and demand that he fix it.
Answered on Aug 18th, 2012 at 12:51 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Request a new unit before you terminate your lease.
Answered on Aug 18th, 2012 at 7:05 AM
You need to put your complaints in writing to the landlord and give him time to try and remedy the situation. If he does not then you can request another unit after documenting the situation with police and pest company reports. If that request is denied then you should consult a real estate attorney to review all of the circumstances and advise you whether or not you have sufficient grounds to seek termination of the lease.
Answered on Aug 18th, 2012 at 7:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would seek to terminate the lease as this does not appear that this is a "good" landlord.
Answered on Aug 18th, 2012 at 6:30 AM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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You can try either or both.
Answered on Aug 18th, 2012 at 6:28 AM