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A tenant wants to terminate the lease because she claims the…

Customer Question
A tenant wants to...

A tenant wants to terminate the lease because she claims the property is uninhabitable due to spiders.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Kansas

Lawyer's Assistant: Has anything been filed or reported?

She reported the problem to me, I have had exterminators out multiple times

Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
9/21/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.As I am sure you know, all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement. In your case, if you have had professionals out there on multiple occasions to assess the problem, if they have documented that there is no problem, and you have otherwise made every effort to try to resolve the problem, then the tenant will not be entitled to any of those remedies that I mentioned. My recommendation would be to have the tenant pay for her own independent exterminator to come out in between the one that you have come out or find a professional opinion from someone that she hires to determine if this is the case. Otherwise, if she leaves, you could sue her for breach of contract.

.Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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