Legal Question in Real Estate Law in Pennsylvania

Roach infestation grounds for breaking lease?

We started having a roach problem in our apartment kitchen back in May of this year, the first time we had ever seen them in our 2.5 years living there. We reported the problem to the management and they responded by sending out their "exterminator".

Unfortunately, this exterminator is not doing a very good job. Each time he comes, we are required to remove EVERYTHING from our kitchen, pack up the cats, and get out for 4 hours. I originally assumed they were bombing, but it turns out, he is just spraying bug spray around crevices in the kitchen. All this does is send the roaches out into our other rooms to wait out the poison. Now, three months after our original complaint (and many visits from the exterminator), we STILL have tons of roaches!! I also happen to know that the infestation is throughout the entire building, as the tenants that live above us (1 and 2 floors up) are drowning in roaches as well.

I want to get my family (wife, 2-year old, and baby due Aug. 20) out of there. Since our lease isn't up until February, we would have to pay 2-3 three months penalty rent to get out early. Any suggestions?


Asked on 8/09/00, 2:06 pm

1 Answer from Attorneys
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Roach infestation grounds for breaking lease?

If management has not corrected the problem then they have breached their lease agreement with you and have "costuctively evicted" you. You need not pay rent and may leave.

Read more
Answered on 9/14/00, 9:33 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania