I will receive a 3 day perform or quit for having roaches?

Question

The landord is going to issue me a 3 day perform or quit if I don't let them spray on the day that they specified.

I have had a roach problem for a while now. I had the apartments send pest control several times, but were unable to get rid of the problem. Now one of the neighbors have complained and the manager said that we have to move all of our stuff into the middle of the floor and let them spray on a specific day. I do not have enough time to get everything moved by that day, but they won't budge.

Can I withhold rent? If I do leave then I will need the rent money for a new apartment. will this cause any problems for my credit? Can I sue?

What can I do? I really just need more time this is to short of notice.

Also my toilet has not been working and they have been unable to fix it after several attempts. Can I use that to my advantage in anyway.

Please respond with as much advice as possible.

thx,

Answer 1

It's pretty straightforward: under certain circumstances, your landlord is allowed in many states to send you a 3 day notice.

No, you cannot withhold rent.  Well, you could try but that will earn you another 3 day notice.

Your toilet is an issue.  Depending upon just how "it's not working", you might negotiate a concession there, but it isn't linked to the roaches or your rent.

Answer 2

First, do not just withhold rent. That will violate the terms of your lease. Tell them why you can not have everything moved by that day. If they won't budge you might just have to pull an all nighter and get it moved.

Answer 3

The landlord is legally required to take care of the roach issue, so the law gives him the right to enter with proper notice.

He is trying to get rid of the roaches. If you do not let them in on the day specified, you are putting the entire spraying process in jeopardy.

The entire property must be done on the same day to be effective. If all other apartments get sprayed and yours does not, where do you think the roaches will go? To your unsprayed apartment!

You cannot withhold rent - you will be evicted and the judge will not look kindly on your non-compliance with the spraying issue.

Your toilet is a seperate issue.

Answer 4

From my own experience with Roaches so bad that they were coming out of the ground in my front yard.  They lived primarily because of a sewer problem that caused the sewer to back up in the apt. below me.  Instead of fixing the problem right, my landlord capped the main drain, cemented over it and laid down a new floor.   2 weeks later the little house out back blew up due to methane gas.   After that, the roaches came out even worse.  I would find out if the sewer is backing up due to tree roots blocking the sewer, and also feeding these cockroaches.  It would be in your best interest to have these roaces exterminated and also making sure the sewer system is in good working order. Other wise, treating them will never work until you get to the Root of the problem.   Good Luck!  I think, I would move immediatley.

Answer 5

why dont you just do it and get rid of the bugs? if you dont pay your rent he can and will evict you. just get rid of the bugs!

Answer 6

I think the other responders have given you sound advise on your rent withholding scheme. Don't do it.

I have some experience with roaches and apartments. For every roach you see, there are hundreds in the walls. The exterminator likely plans to fog all of the apartments. If you don't move your stuff to the middle of the room, cover it and tape the cover to the floor (all the way around) your things will be covered with roaches.

I went to a demonstration of insect fogging a few years ago. Before the demo started the presenter cautioned us to tape our shirt and pant cuffs. When the fogging started, nothing happened at first, then we heard screams from the adjoining apartments. Within about 15 minutes, thousands of roaches were trying to escape the fog. I'm not kidding. It looked like something out of an Indiana Jones movie.

Find the time to move your stuff.

Clean everything, especially your dishes, when the exterminators finish.

Answer 7

sorry but you have to comply - you CANNOT withhold rent just because you feel miss-treated!!!

It will go on your record and they can sue you for unpaid rent.

See if you can find someone to help you to get things moved in time.

I know it doesn't seem fair - but it is legal.