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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28043
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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We just moved into a rental house and the landlord has pest

Customer Question

We just moved into a rental house and the landlord has pest control come out to spray on a quarterly schedule. The day before we moved in we found 3 dead roaches. After moving in we have seen 5 live large ones and numerous smaller ones. The house is deteriorating on the outside and the house has a lot of moisture. (Things you don't know until you move in unfortunately). Because she pays for pest control do we have any rights as a tenant to break our lease due to roach infestation? The bug guy was just out last night and said this will continue to be ongoing because of the condition of the house and the access the bugs have to get in. We are terrified and putting all of our stuff in plastic tubs.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Virginia
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: She pays for pest control to come out quarterly and we also have access to call them at any time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 1 year ago.

Just to be clear, even if the pest control company continues to come out, the issues with the roaches will continue?

Customer: replied 1 year ago.
The bug guy said the outside of the house condition will allow for them to keep coming in. The spray he used is only guaranteed for up to 3 months.
Expert:  LandlordTenantAnswer replied 1 year ago.

Thank you. The landlord has a legal obligation and duty to make sure the rental is habitable. Yes, she has done the right thing by paying for pest control and having them come when needed but if this is something that happens daily and is effecting your use and enjoyment of the rental and it habitability, then you would have grounds to break the lease. You shared that the spray last for up to 3 months, so if the roaches and bugs were to stay away for close to that time, then it would not allow you to vacate. However, if they come in daily, then it would be an issue which you can address and demand she cure or else vacate.

Expert:  LandlordTenantAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LandlordTenantAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!