How to Terminate a Lease Because of Roaches
Almost every state accepts the legal principle of the warranty of habitability. That means that regardless of what the lease may say, the landlord is legally obligated to keep rental units livable. Livability includes doors with working deadbolts, dependable electrical outlets and plumbing, and no major safety violations; it also includes freedom from serious pest problems. A few roaches are one thing, but a big, ongoing infestation could breach the warranty. Different states provide different legal remedies; in many cases, moving out and ending the lease may be an option.
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Instructions
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Research your state's laws on renters' rights. If you want to terminate your lease without your landlord suing you for nonpayment of rent, you'll have to follow the letter of the law. In Kentucky, for example, your landlord has 14 days to fix a problem after you notify her before you can take action. In Washington state, it's 10 days at most; in California, it could be as many as 30 days.
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Inform your landlord about the problem. Do this by phone and in a letter. The letter should be dated, then sent via certified mail with return receipt requested. Even if this isn't a legal requirement in your state, it will provide a paper trail if there's a dispute about your situation later.
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Wait for the landlord to act. If he takes care of the roaches before the state deadline, you have no grounds for terminating the lease.
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Give the landlord written notice that you're leaving if the roach problem isn't fixed. Send another certified letter spelling out your reason for going and announce the date. In Washington state, you can move out as soon as you've sent the letter; Kentucky requires 30 days notice. Once the deadline is up, return the keys to the landlord and go.
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Tips & Warnings
Before you move out, take photos of the roach infestation. It will back up your case if the landlord sues for rent or refuses to return your security deposit.
Many states give you the option of paying for pest control, then deducting it from the rent. You will have to follow the state rules exactly to avoid getting sued or evicted for nonpayment of the rent.
An occasional roach won't be enough to justify leaving; you need enough that it's a serious health problem. In some cases, this may be a judgment call.
If your or your family are responsible for the roach problem -- a messy kitchen that's lured them, for example -- you have no legal right to have the landlord take care of it or to terminate the lease because of it.
