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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19651
Experience:  B.A.; M.B.A.; J.D.
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I just moved to a rented house and after moving in by 3 days

Customer Question

I just moved to a rented house and after moving in by 3 days I found over 10 cockroaches in my living room and some other in the kitchen. I hated the house as it discussed me and I was shown that a pest inspection report and it was clean. I asked to break the lease and they threatened me to make me pay for the whole period of the lease one year and send it to collection and they cleaned the house with no guarantee that they will never get back.
The house is clean now after getting a pest control company inspect the house but they didn't tell me any thing about it,they just said they cleaned it.
My question is how can I get out of this lease and can I fight that and do I have chance of winning?i don't feel like staying here any more.
They have one month deposit and first month's rent.
It's a one year contract
She told me it cold be because of the old tenants as they were dirty.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

I am sorry to read about your difficulties.

If you found evidence of infestation within you three days of moving in, you can give the Landlord a written notice that you are terminating the lease, effective immediately because of the infestation. The Unit should have been treated before you moved in and this shows that the Unit is not well maintained and the roaches would come back. You should also ask for return of your Security Deposit and the advance rent.

If the Landlord sues you for breach of the lease, you can defend by showing that the Unit was not ready for move-in, that you discovered ten roaches in living room and some in the kitchen within three days of your moving in. Obviously, there is infestation problem that would continue after this first batch has been treated.

If the Landlord sues you, you can countersue for wrongful retention of your Security Deposit.

Goodluck with your case,