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Question

Our daughter is living in an apartment that has cockroaches, the exterminator service the complex uses states they don't have a problem, is there a leg to stand on in getting out of her lease because it's causing her mental anguish living with these bugs?

Submitted: 17 days and 19 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Posted by CTLawyer 17 days and 19 hours ago.

Info Request

What state is she living in?

 

 

17 days and 19 hours ago.

Reply

Illinois

Accepted Answer

No, she cannot terminate the lease for this reason unless the lease specifically provides that she can terminate in the case of infestation. However, she has other options. She can either deduct that portion of the rent that would allow her to fix the problem by hiring her own exterminator (as long as the cost does not exceed $500) or she can withhold rent until the problem is fixed. She will have to pay the amount withheld once it is remedied. In both cases, she must first inform the landlord in writing of the problem and allow him an opportunity to address it and inform him of her intention to withhold or deduct rent if the problem is not fixed. She can also call the building department and ask them to inspect the apartment for housing violations. If there are violations, the housing department will require the landlord to fix them.

 

 

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Expert: CTLawyer
Pos. Feedback: 99.2 %
Accepts: 
Answered: 11/4/2009

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