Q: What are my rights as a tenant living in a cockroach infested apartment? Exterminator has been here at least 4 times.
Landlord claimed that other buildings had the issue, but not the building I moved into. I started seeing roaches one day after I moved in and notified him immediately. I have lived here for almost 2 months, exterminator has been here 4 times and it is only getting worse. I have an infant in the apartment and I am concerned about this being a habitable place for us to live, I see at least 20 a day. What can I do about this problem?
A:
Your Landlord is required to keep rental premises livable. This is a legal doctrine called the “implied warranty of habitability.” This implied warranty comes from local building codes and state statutes that specify minimum requirements for essential services such as heat, water, and plumbing, as well as court decisions as to what constitutes decent housing. This would include roaches, especially if you an infant.
If the landlord does not correct the situation after being notified, you have the right to cancel the lease, without any penalties, and move to a safer apartment. I am fairly confident the landlord is aware of the warranty of habitability. Most leases contain a section on warranty of habitability.
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