Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I currently live in an apartment that has cockroaches in the…

Hi. i currently live...

Hi. i currently live in an apartment that has cockroaches in the unit since december 2017. I have brought it to the building management's attention since then and they have sprayed my unit at least 3-5 times with no success. I have 3 months left on the lease and would like to vacate as soon as the end of march. My question is, would there be any legal repercussions if we were to vacate the unit? I have also e-mailed the management to make them aware of the decision to move out by the end of the month. so i'm still waiting on a decision from them, but would like to stay proactive and look at what options i have in the mean time.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Is there a number i can reach you at? it may be easier to explain via phone as it is somewhat lengthy

Lawyer's Assistant: Where is the apartment located?

Chicago, il

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time. i will explain over the phone

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/19/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,798
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Real Estate Law Question
I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.Every tenancy, and expessly in the Chicago Landlord Tenant Ordinace, carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.
If the landlord is refusing to make necessary repairs or remediate a pest infestation, and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.
A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.
You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.
Make sure you have photos and a written record of the damages and your request for repairs.Did you have further questions? Have I answered your question? Please let me know.
Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Thank you for looking into this matter. Some additional information I'd like to add. As of today, 3/19/2018, I have e-mailed the leasing office with the following message:"The Bryn Leasing Office,First off, I'd like to thank the leasing office for being proactive and understanding in this matter. However, we can no longer reside in this unit and request to break the original lease ending on 6/30/2018 and vacate the unit by the end of the month (3/31/2018). My roommate and I have been experiencing high activity of cockroaches for the past couple months, I believe starting as early as November/December of 2017. We have brought it to the leasing office's attention several times and have worked them to get our unit sprayed. I believe our unit has been sprayed about 3-5 times now with no success. We have allowed the 30 days to pass by to allow all the pests to be eliminated before bringing up the issue again, per the Rose Pest Control treatment procedure instructions.The pests are all over the kitchen. Crawling all over the counter tops, drawers and cabinets (please see attached video). It is very embarrassing when we have guests over as it makes us look like we aren't sanitary. It's impossible to cook anything due to the cockroaches crawling over the counter tops. My roommate has to shake his laptop off because the cockroaches will get inside there and lay eggs. We have found smaller roaches and eggs fall out of his laptop. Overall, I believe we've given ample time for this issue to be resolved and request that we break our lease early. We can vacate the unit as early as the end of the month (3/31/2018). Please feel free to call or e-mail me at anytime. Thank you."I have also attached the video I sent to the leasing office. With the details provided, would it still be likely that the building management would press any legal charges? Especially with only 3 months being left on the lease?
The apartment is unhabitable with such an infestation. If the landlord can not correct the problem then you can declare a constructive eviction and move out. You will still need to sue the landlord.
Ask Your Own Real Estate Law Question
You can also try to negotiate an exit. If you do, make sure you get a release in writing so that your liability is cut off and you can not be sued.
Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Would you be able to represent my case if court action is necessary? and how much are your services in the event that you do? Thank you.
Thank you for the vote of confidence. Unfortuantely, I am no longer taking on new clients (retired).
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,798
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Will do. Thank you for your prompt responses.
You are very welcome. Best of luck.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,798
38,798 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I would like to know my rights in regards to my lease
I would like to know my rights in regards ***** ***** lease involving cockroaches in my apartment, siding construction that was not disclosed initially (on another subject.) Regarding the cockroaches,… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,219 satisfied customers
I have a lease that was changed as to the expiration date by
I have a lease that was changed as to the expiration date by the apt. manager in pen and initialed by her and not me. The lease was for 4 months from Sept. 9, 2017 to December 31st 2017 (a 4 month lea… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
I am a Condo owner and have been in my home for over 9
I am a Condo owner and have been in my home for over 9 years. There is a closet outside my unit's front door that was sold to me as one of my storage units. The previous owner used it for around 4 yea… read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
My ex has lived in my home since 2008. We broke up this past
My ex has lived in my home since 2008. We broke up this past January, 2017, although he didn't accept it until March. Since then, he's stopped paying any rent or utilities, and continues asking for mo… read more
Loren
Loren
Lawyer
38,798 satisfied customers
I am four months into a new lease and found that there is a
I am four months into a new lease and found that there is a sewer trap next to my apartment of which oriental cockroaches have made their way into the apartment via broken weather stripping on my fron… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
On December 30th I got a consult from an attorney about my
On December 30th I got a consult from an attorney about my daughter's apartment complex. He gave me advice which I followed, because they have been slow to respond to maintenance requests, including t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
I moved into an apartment in Princeton West 24740. After I
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… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have lived in my building years my original landlord
I have lived in my building for 5 years my original landlord lost the building. The past 3 months it has been owned by the bank who sold it on Friday. Allegedly, after the closing on Friday night the … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
I signed a one year lease on July 1, 2011. On August 29, 2011
I signed a one year lease on July 1, 2011. On August 29, 2011 I received a letter stating my rent was being increased by $20.00 per month effective October 1, 2011. I have been paying the increase. I … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Recently I vacated apartment 1428 on 28th Feb 2011 by giving
Recently I vacated apartment 1428 on 28th Feb 2011 by giving 2 month notice. I formally visit apartment office for my final statement for move out and when I looked at the paper I was shocked. The fin… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
lease expires. When I moved in I noticed there were cockroaches
lease expires. When I moved in I noticed there were cockroaches and the manager had a company come out and spray my apartment. The problem did not go away completely, but with the cold weather I start… read more
Richard
Richard
Owner
Doctoral Degree
4,518 satisfied customers
You signed a two year rental contract on a single family home
You signed a two year rental contract on a single family home for $2500 a month. A series of events happened (medical and loss of job for one spouse) which caused payments to become late and be 2x's 3… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I live in california and have a one year lease. There are still
I live in california and have a one year lease. There are still six months left before the lease expires. When I moved in I noticed there were cockroaches and the manager had a company come out and sp… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I live in california and have a one year lease. There are still
I live in california and have a one year lease. There are still six months left before the lease expires. When I moved in I noticed there were cockroaches and the manager had a company come out and sp… read more
Loren
Loren
Lawyer
38,798 satisfied customers
Real-estate Lawyers - Please help! I was on a month-to-month
Real-estate Lawyers - Please help! I was on a month-to-month lease in a property in Wisconsin I vacated in december 2010 after giving a 60 day notice. There is a clause in the agreement that says that… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My lease ends 10/31/10. The notice required in my lease for
My lease ends 10/31/10. The notice required in my lease for vacating is 2 months. I didn't pay enough attention to this clause in my and on Thursday talked to manager about intent to vacate by end of … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,579 satisfied customers
My daughter just moved in an apartment in carrboro nc. last
My daughter just moved in an apartment in carrboro nc. last nite she woke up with roaches. where there are several, there are usually many more. she signed a lease on wed past and paid first and last … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
I moved into my first apartment March 1st 2008 which I ...
I moved into my first apartment March 1st 2008 which I signed a 1 year lease agreement. From day one it wasn''t the experience I hoped for. It wasn''t cleaned real well, trash in all the cupboards and… read more
kbmlawyer
kbmlawyer
Doctoral Degree
38 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x