Very bad apartment situation..need advice (Boston, Arlington: apartments, lease, eviction)

[Cutea]

Hi everyone,
Here's the situation: I just signed a 1 year lease for an apartment in Arlington that I loved (top floor, affordable, close to work, allows cats, etc.). I just moved in yesterday... Started noticing cockroaches climbing on the walls and on the stove in the kitchen. Didn't think much of it...

A few hours later.. more roaches... And not just in the kitchen. In the bedrooms, closets, bathroom, on the ceiling, etc. Last night, they began to pour out of every crevice in the apartment. I got up to use the restroom in the middle of the night, and there were roaches crawling on the shower curtain, and across the toilet seat. I also saw them creeping into my bedroom, on the walls. Needless to say, I got NO sleep last night. I was awake the entire night. I have never seen anything like this in my life! I am now worried that they will get into my clothes and furniture.. should I move all of my stuff out? I was freaking out.

I have what appears to be a severe cockroach infestation. I called the landlord, and he said he would come over and "spray" and put down some "gel." I explained to him how bad it is, and he seemed nonchalant about it. I formally requested in writing that he hire a professional exterminator, but he has not responded..My guess is that the other units also have a problem, and he needs to exterminate the ENTIRE building.. but what if he refuses to? Can I break my lease? I read that MA law is that landlords are required to provide "habitable" dwellings that are free of "pests" (insects, mice, etc.). It seems like he's just been ignoring the problem. I already paid last month's rent, could I just use that to move out at the end of October if he fails to remedy the situation? It was very, very bad.

I have nowhere else to live, so I was going to try to tough it out, but once I saw roaches of various sizes creeping along the walls in the bedroom, that's where I draw the line. There's most likely a nest in the apartment. Has anyone else dealt with this in the Boston area (to this degree????)

Thanks!

[GeePee]

I would start by talking to the neighbors if this is a multi family. See if they are dealing with the same, and how his response has been. If he is still not willing to control start with a friendly conversation about what he can do in the short term and long term.

[Louisville Slugger]

Some advice I found over on reddit:

You can withhold rent until the problem is fixed or hire the exterminator yourself and deduct the cost, but I wouldn't bother doing that since it's his problem in the long run. Just politely let him know you've familiarized yourself with MA tenant/landlord law and will be withholding rent until the roaches are gone. He can try to start a summary process (eviction) for nonpayment, but the law literally says it is his responsibility to keep the building free from roaches (assuming there's 2+ apartments) which is an affirmative defense to no fault eviction like nonpayment.

Based off of having roaches, I'd assume you have other issues in the apartment (some you may not even know about) and Boston inspectors come out almost immediately and will record all violations. Long story short... just be nice about it and try to get the point across that he needs to get rid of the roaches if he wants rent money. The laws protect tenants, not the landlord. If he's uncooperative or beats around the bush saying he's still spraying, let him know you refuse to live like this and will be calling the inspector. That will usually get a landlord to cave and will hopefully hire the professional exterminator.

https://www.reddit.com/r/boston/comm...ton_apartment/

That's pretty much what I would do.

[sawyer2]

Speaking as a landlord, if a tenant approached me with this issue I would immediately hire a professional exterminator and start by treating your unit, and then others in the building if the problem is widespread. This is not a time for DIY.

You should ask the other tenants to see if they have the same issues and if yes how has he responded. This may be the first he has heard of the issue so you need to give him time to respond .... you will know quickly from other tenants if that is not the case and can plan accordingly.

Does your landlord own the building or just one unit? If there is a management company for the building I would also contact them.

If his response is not immediate and to your satisfaction, I would go down the path that others have outlined. If you do withhold rent, make sure you put it in a separate account and pay into it as you would pay rent.

On a positive note, although I have not encountered this problem, I believe the new baits are very effective so they can 100% eradicate the problem. I would expect that they take a week or two to fully act, unless they fumigate the building which is usually a last resort.

[Cutea]

Sawyer2, thank you for your response. My landlord owns the entire building which consists of 12 units... I asked several neighbors today if they have roach problems, and everyone said "no." Online, one person reviewed the building and mentioned roaches.. The level of infestation is so bad that I can't imagine that no one else has ANY in the building... But who knows.

I am not as concerned about the rent/witholding the rent piece, and more about the health aspects of it. I am also afraid to get eggs/roaches in my clothing and furniture, if I were to move to a "roach-free" place in the future and take them with me. Even if LL does hire a professional, is that a guarantee to permanently eradicate them? I read that roaches are notoriously difficult to get rid of. I can't even live there right now, it's so bad. I am going to stay with a family member for the next week.

[sawyer2]

Originally Posted by Cutea

Sawyer2, thank you for your response. My landlord owns the entire building which consists of 12 units... I asked several neighbors today if they have roach problems, and everyone said "no." Online, one person reviewed the building and mentioned roaches.. The level of infestation is so bad that I can't imagine that no one else has ANY in the building... But who knows.

I am not as concerned about the rent/witholding the rent piece, and more about the health aspects of it. I am also afraid to get eggs/roaches in my clothing and furniture, if I were to move to a "roach-free" place in the future and take them with me. Even if LL does hire a professional, is that a guarantee to permanently eradicate them? I read that roaches are notoriously difficult to get rid of. I can't even live there right now, it's so bad. I am going to stay with a family member for the next week.

It is possible that the problem is confined to your unit - that is a good thing, although it may not seem like it to you.

I would demand an exterminator and not just him dropping off some stuff from home depot. I would also demand to be present when the exterminator is present so that you can ask your questions directly. I do think the problem can be fully eradicated but you should talk with the expert.

Can you meet with the owner to discuss how he plans to address it? If he pushes back you can also get your own exterminator and deduct from rent, contact the town health department etc.

[RBThescot]

Call the Arlington Board of Health and ask them to come over and inspect it in person.

[Leona Valley]

I’m curious as to wether or not you inspected the place prior to signing s lease.

[in_newengland]

I've never heard of cockroaches coming out during the day. The one time I had them was in an apartment where the man who lived below me was a slob and professionals had to come and actually clean his entire apartment out, cockroaches, spoiled food, trash, and all.

Then the cockroaches must have had nowhere to go. That's when I got up in the middle of the night to get a glass of water and saw this horrible thing walking on the counter top. I've heard that they come out when it's dark.

One thing--they did come and spray all around the baseboards. I was afraid for my dog (slept on the floor, ate anything in sight, etc.) Sure enough, a few months later my dog got (rare) nasal cancer and died. No, I can't prove it, of course. Just saying that because the stuff they spray will be a poison and you said you had a cat. Maybe your cat can stay elsewhere--I don't know how long it takes before it would be safe, but, as an animal lover, I'd hate to see anything like that happen.

[CaseyB]

How long was the apartment vacant before you moved in?