What to do about termites in an apartment?

Can i refuse to pay rent until my apartment complex gets rid of the termites?

  • we have had termites for over a year now and have made several complaints to the office staff at our apartment complex. they have sent over two different bug guys who have confirmed that we have a problem but then say they cant do anything because they only deal with "regular" bugs.

  • Answer:

    No. You may notice in your lease there is no clause that states rent can be stopped for any reason during the term of the lease. I am very surprised to hear that you have identified having termites as they are rarely seen. Suggest your apartment manager call a termite company to come and inspect. His boss will appreciate him if they are discovered.

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Laws vary by municipality and state, but you're likely best bet is not to withhold rent. This will only make matters worse. Instead, here is what you do. Write a formal letter of complaint. The first step in any legal battle is get things in writing. Be professional about it and serious. There are examples on the net you can find. Send to the agency and wait 30 days for a reply. If no response, then you contact your local house authority and include you're letter as evidence. They will likely send out an inspector. If they believe conditions to be uninhabitable, they will take care of handling matters... normally they would have you send your rent to them instead and it goes into a type of escrow account until the problem is fixed, and the agency may have to pay for your to live in a hotel until resolved.., so in a sense the city/state is the mediator. it's actually not the housing authority but health department. you need to contact them for help.

Atlas99

While you can't refuse to pay rent, you CAN move out and demand compensation. It would help if I knew where you lived, as every country (or state) has its own tenancy laws. But here's the most general and common answer: 1) You cannot refuse to pay rent while continuing to live there. If they allowed you to do this, every tenant would find some minor fault, and use it to justify free room and board. 2) You cannot ask for a refund upon lease termination, as the landlord has not committed an act of fraud. He did not (or could not) foresee the pest infestation. You would have to prove he knew there was a pest infestation *before* getting you to sign the lease. 3) You can insist on having your lease agreement terminated, without invoking any penalty clause, as the pest infestation was not revealed to you before. 4) You can demand compensation, as you have been inconvenienced by the move. As a general rule, waiting for too long (more than 3 months) will damage your claim in court; it shows the problem isn't as severe as described (otherwise why stay there so long?) 5) You can document your landlord's responses (collect E-mails or letters), then claim it as a breach of contract. You can claim that, even if he did not know about the termite infestation, it's his job to deal with it. A magistrate in the small claims court will typically demand that the landlord exercise his responsibilities; your landlord may be compelled to pay for pest extermination.

Ryan Ong

Most likely not. In order to get rid of termites they have to relocate all the residents and have the building tented and then fumigated. (Very expensive) Sounds like an investment they are not willing to do.

Jadzia Dax

No, you can't refuse to pay rent. What damages have you suffered due to the termites? Termites would damage the LL's home, not yoru stuff.

Pascal the Gambler

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