I have a question regard tenant rights (apartment, lease)

[jlin676]

I rented an apartment unit at condo community. After I moved in, I noticed that there are animal activities in the attic/space in between floor and ceiling. I reported the problem to the Property Manager who represents the owner via both emails and phone calls. My landlord's Property Manger was slow to respond. He only showed up after two weeks of repeated contacts. He said he would contact the HOA and it has been over five weeks; and now he said HOA did not response him(the 6th week).

I have spotted raccoon and squirrel climbed up the tree and getting onto the roof. Since these animals are health and fire hazards. I have serious concerns of health impact on my family. I am planning to find another place as soon as possible. Due to the PM of the landlord and/or HOA lack of response to correct the problem, I would like to find out if I can terminate the lease earlier. I am only starting the 3rd month into the lease.

The lease has 60-day notification period and it also states that the landlord is responsible for pest control (termite and rodents). But I don't want to take the risk of any health hazard from being waiting that long. The temperature in the area will be around 70s in early March.

Any suggestion on how I should best handle the situation?

Greatly appreciated.

[ATLTJL]

Greg will be here to tell you to call a lawyer because nobody on this board can dispense legal advice.

That's true, but you're not going to shell out the bucks to hire a lawyer for something like this, the monetary value on the termination penalty probably isn't that large.

I'm not a lawyer. Personally, if I were you, I would just terminate the lease. I would give a 60 day notice, and pay all the rent that is due and move out. When he asks for the termination fee, just refuse to pay it and explain why.

The landlord's only option will be to after you in court. I highly doubt he is going to go in front of a judge demanding his termination fee when there were raccoons and squirrels in the attic.

Conversely, if you are concerned with your credit getting affected, what you might do is just go ahead and pay it, then you can go after the landlord to get it back. It's a straightforward process, you would just go to the magistrate court in whatever county this is in, fill out a form, and the landlord gets a subpoena and if he disagrees with what you've said, you get a court date.

[jlin676]

Thanks, your suggestion is very helpful.
I'll give a 60 day notice, pay full amount that is due, and ask for security deposit back.
Someone suggested to file a claim to Department of Public Health. I don't know how it can help to terminate the lease? My thinking is that if the complaint gets put on the landlord's property record that would worsen the relationship since the property market value is already underwater.

[ATLTJL]

That would just be to punish the landlord. You don't care about that, you want your money back.

So pay him his money, the march down to the courthouse and file a claim against him. It will cost you $75 and a couple hours of your time when the date rolls around.

My bet is the landlord will agree to give you your money back when he receives the subpoena and you won't even have to go to court.

If I were you, however, I would call and exterminator myself. Just tell them you want an estimate and they will come for free. Get them to give you a document indicating there are pests in the attic so you have proof, otherwise the landlord may try to say there are and never were any pests. Go in armed with proof.

I'm not a lawyer, but I watch a heck of a lot of Judge Judy!

[jlin676]

You are right. The proof is very important.
I have several pictures of a raccoon climbing onto the roof from a tree. The pest control/exterminator's inspection report will be more useful.
Thanks again!!!

[atlantagreg30127]

Originally Posted by ATLTJL

Greg will be here to tell you to call a lawyer because nobody on this board can dispense legal advice.

Bingo. Sorry, but true. The questions do fall into "legal advice" and you (the OP) need to see legal council on the matter. Some searching might even drum up some free advice from an attorney that will help you without having to commit to actually hiring someone.

I'll leave any comments already here, but it is something you need pro help on. Best of luck with it.