Q: Breaking apartment lease
Due to the corona virus, all my college classes are online. I signed an one year apartment lease and I still have 6 months left. Is there any way I can break my lease legally? This apartment has a roach infestation that we repeatedly asked the landlord to fix but she hasn't done anything about it. I stayed to go to school but now classes are all online and my campus job is closed I can no longer afford to live here.
A:
Generally, you cannot break your lease unless the landlord has breached the lease, with a material breach - meaning it cannot be for something minor. However, a roach infestation is not minor and goes directly to HABITABILITY. Hopefully, you have a written record, letters or emails, that inform the landlord of the roach problem and that you have made several complaints over a period of time and the problem has not been solved. You need to document the problem with photos as evidence of the roach infestation.
If you can document the above then you are entitled to a partial abatement of rent - a reduction in the monthly rent since the time that notice has been given of the problem. There is no formula to determine the amount of reduction that you are entitled to. The first line of action would be to pay for the extermination and deduct that cost from rent where the landlord takes no action.
I think it would be extremely risky to declare that the breach entitles you to void the remainder of the lease because you have the remedy of extermination and deduct from rent. This raises a problem because you are in an apartment and the roach problem is likely not limited to your apartment. Also, you need to look at the lease and see if your situation is addressed in the lease. If your situation is not addressed then it is clearly the landlord's responsibility.
Another approach is to contact the landlord and explain your circumstances, include addressing the roach problem and try to work out shortening the lease. They may accept the payment of part of the remaining rent on the lease and allow you to move out and away from the roaches.
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