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Lease and Roaches

By Sherry

Not sure where to post this, so I’m posting in legal and frustrated…. 

We’ve had a roach problem in our apartment since we moved in.  We’ve called our landlord four times in less than a year to take care of it.  Each time they have sent out their exterminator (who makes it so you have to call them more than once to get any kind of result); this has occurred in summer, fall, and now spring.  One guy came out in the summer time to spray, and two more guys in the fall.  Finally in Oct 2009 the third guy actually laid down traps and looked for where they could possibly be coming in at.  After that we didn’t have any more problems until recently, April 2009.  That guy came out and spent more time flirting with my nanny than actually doing anything, again he just sprayed.  After this last time, our leasing agent called us to tell us that they usually only pay for the first time and that they don’t take care of seasonal bugs.  I don’t think these are seasonal if we’ve had to call three out of the four seasons (i.e. summer, fall, and spring).  Furthermore, there is nothing in our lease that says anything about regular bug problems…it only mentions that it’s our responsibility to take care of seasonal bugs.  I have asked the leasing agent to give us a copy of the lease that we signed that mentions a regular bug infestation and their responsibility, but he has yet to produce it.  Furthermore, he refuses to respond to me in writing. 

 My daughter has Cystic Fibrosis and I’m concerned that the bug killer we’ve been using is a possible irritant to her lungs; a possibly unncessary irritant.  Also, I’m pregnant and wondering what kind of effects it’s having on me and my baby.  If we end up having to pay someone to come in, does this warrant a breach of contract?  We’re looking into buying a house, but out lease isn’t up until the end of August.  We were going to wait, but if we’re going to have to pay for an exterminator, then I don’t see much point in staying around til then. 

 Thanks for your help!

 

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Edited on: Friday, July 1st, 2011 2:53 am
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3 Responses to “Lease and Roaches”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Sherry

May 11th, 2010 6:45 am

Also, if they say something is in the lease and I don’t have it in my copy, and I ask for them to furnish me a copy of where it says it, don’t they have to give me a copy? 

Sherry Murnan

May 12th, 2010 4:42 am

Now they are saying it’s not in the lease and that it doesn’t have to be; that they do it as a courtesy.  But if they specifically mention that they don’t pay for seasonal bugs in the lease, and the law requires I inform them immediately regarding any insects in my unit, wouldn’t it be rational to assume that they are responsible for regular/year-round bug problems?  To me, seasonal means ants or something like that, not roaches.  Also, I think there’s a law about adding or changing a policy in a lease and having it approved by both parties…this sounds like what they are doing, especially since we’ve lived there since August 2009 and have had the exterminators out four times and now all of sudden they’re like, we only pay once.

Gary

May 13th, 2010 4:08 pm

Cockroaches can be tough to get rid of.  Traditional chemical sprays work well with adults, however they usually don’t hurt eggs unless they are directly sprayed.  There is an alternative option that is safe for the fam;  Heat Treatment.
You could see if any exterminators in your area are equipped to do heat treatments.  The cost is more, but its safe and effective.  With a heat treatment they will bring in industrial heaters that will raise the entire house to at least 130 degrees for one or two hours.  The reason it is so effective is due primarily to the fact that it kills both adults and eggs.  Sprays only kill adults and are not very effective once dry.
Chemical sprays can be toxic.  You have right to be concerned about your pregnancy and daughter.  These chemicals are poisonous.

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