Q: Does pre existing roach problem allow us to get out of a lease ?

A: It depends on the language of your lease and the extent of the roach problem. Many leases specifically provide that the tenant has inspected the premises before signing and accepts its condition as suitable. Other leases provide that the tenant shall inspect the premises upon moving in and shall note any problems on some type of move-in inspection form. Most leases allow the landlord the opportunity to cure any problems within a specific period of time. In many leases, however, the tenant agrees to accept responsibility for pest control. If you discovered the roach problem upon moving in, but signed the lease anyway, you will have to follow whatever procedure the lease provides for notice to the landlord and giving the landlord an opportunity to cure the problem or address the problem yourself if you agreed to accept responsibility for pest control.

Even if you follow all of the proper procedures agreed upon in your lease, it is unlikely that a few dozen roaches would justify early termination of your lease. On the other hand, a pervasive roach infestation with thousands of roaches likely would justify an early termination. If you have a pervasive roach infestation and a smart phone, I would wait until late at night or early in the morning, turn on the video record feature of your smart phone, and then turn on the lights in your kitchen to record the thousands of roaches scrambling for cover. In my experience, that is the best time and place to capture the extent of the roach infestation and the best evidence to persuasively present it to the trier of fact in the even of a lawsuit.