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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111525
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I moved into an apartment in Princeton West 24740. After I

Customer Question

I moved into an apartment in Princeton West Virginia 24740. After I moved in I realized that my apartment was full of cockroaches, crawling out of the walls all over the floors, counters, ceilings and all surfaces. I complained several times to the landlord, through several phone calls. They told me that they had pass control come in every month. They did do that but the cockroach problem never quit and still has not. It is very very disturbing to wake up with cockroaches crawling on your body. I tried to starve them out and they started biting me. I have been told that I cannot use I spray cockroach killer and I could not use cockroach spray to kill them. It is now the the end of September. They told me that they did inspections on all apartments in July and August. They have never come to inspect my apartment. I keep all box or bag food in the refrigerator so the cockroaches cannot smell them, the only food that I keep in the cabinets are food that is canned. That way I figured that the cockroaches can smell the food they won't come, but they come anyway. I have spent more than $75 on caulk and caulking guns. I have tried to seal all of the cracks in this very old apartment, but as the cock drive it leaves small holes. So the cockroaches still travel in and out at will. I cannot tolerate these cockroaches crawling all over my home. My lease ends on March 27th of 2016. It is extremely disturbing to me to wake up having cockroaches crawling around in my bed and on my electronics and everything in my apartment. They will not allow me to have a washer or dryer in the home, so I have no choice but to take a bus to the laundromat. It has now been 6 months and I still have the problem. My apartment looks terrible because I have to keep boric acid on the floors along all of the baseboards. The owner of the property will not pay me back for the money that I have been trying to control these cockroaches. I want very badly to move out and break my lease because this is not sanitary. I do not want to be held responsible for the next 6 months rent in this apartment. The owners of this apartment building has a very strict lease, but I have given them 6 months to control this problem and I have spent too much of my own money to try to control the problem. My monthly rent payment is $395. If I could save that $395 for 3 months then I could move. I live on disability which makes it impossible for me to move in one month. My disability stems from brain damage that I received in the automobile accident, I take many medications for depression and anxiety and I can not sleep because I'm constantly being woken up with cockroaches crawling on me. It is very obvious that the owners of this apartment building are not willing to take care of this problem. My depression and anxiety gets worse and worse and I can no longer take this. I want to break my lease and move out of this apartment because of the psychological problems that this is causing me. I need to know what my rights are as a tenant to break the lease and move out.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the landlord does not provide a habitable property, which this is not, then they are in breach of lease. If the landlord refuses to exterminate the premises, then that is grounds for you to leave and break the lease. You need to send the landlord a letter, not email or text, and in it you tell them they are in breach of lease for not providing a habitable premises as your lease guarantees you. Tell them if they do not properly exterminate the premises, not just spray, because they are likely in the walls and everything, then they are in breach and you will terminate the lease based on that breach and will sue them for breach and the return of rent, security deposit and the cost of you moving. That is your right as a tenant in WV.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.

I sent you an offer per your request, but I do not know that you really need to spend the extra money on a phone call and we should be able to handle any follow up you have on this matter in this forum by you using "reply"

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