My Husband and I have a signed lease agreement with our apartment complex, that was effective on Aug. 11, 2010 - It is a 12mth lease agreement. My issue is that the place that we live at has raccoons - and they are not allowing us to sleep, and most importantly I do not feel safe living there. They've been an issues since shortly after moving in , we've opened work orders and they stopped being an issue for about a month, but are now back and worse. We recently went into the office on 10/18 to speak to the manager of the complex. She said that they'd give us updates (since my husband was going out of town and I was going to stay with my parents). She advised that they contacted the Animal Control and were told to simply set traps. They set the traps in the basement - which is part of the problem since they are not in the basement - they are in the duct system, which is what we told the Manager. You can hear them loud an clear usually around 0230 or 0330 in the morning until just before 0800. They sound like they are trying to get in, sometimes like they are fighting each other or whatever they caught may be trying to escape. At this point, we've advised them because of the raccoons, there is an awful smell in the apartment and we've had fleas. They say they are doing their best, but as you can see it's not working. What can we do to get out of this contract without owing any money?
They may be willing to offer us a different apartment in the same complex - Does this mean that we can't get out of our contract because they provided this option?
Is there anything that we can do in order to break the lease without having to pay anything? At this point I do not feel safe at this complex.
1 Answer from Attorneys
Appears like "constructive eviction" as every tenant has the absolute right to peace and quiet enjoyment of the leased premises - looks like you have neither
There is not enough information in your query - but here goes anyway:
Seems like you have a case for moving out without penalty - ask for your security deposit back when you write to landlord telling why you are FORCED to move (detail each time you cantacted thenm and the results and why it is now worse
Good luck - you can call my office [(770) 985-6773] Friday or Monday if you want to talk about case
The above is for information purposes only and is not meant to be legal advice on your specific case or issues and is not a offer of or contract for retention of counsel -- you must hire your own legal consel ASAP!!!
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