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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Infestation Problem - When Can You Break a Lease

    My question involves landlord-tenant law in the State of: Massachusetts

    We signed a lease for September 2009 through August 2010 for an apartment. We then asked to lease the same apartment from April 2009 through August 2009 to which the real estate company agreed and a separate lease was signed. Before moving into the apartment (but after the lease was signed) it was realized by the real estate company that they had already sublet the same apartment for the April 2009-August 2009 time period that we were supposed to live there and gave us the option to move into another apartment from April 2009-August 2009, to which we reluctantly agreed. It was discovered in early August 2009 that some rooms of our current apartment were infested with bedbugs. Exterminators were called to address the infestation at which time we were notified BY THE EXTERMINATORS, that in fact, the whole building (as well as the adjacent building, which we are to move into in September 2009) was infested with bedbugs and had been for some time, and that, by law, we should have been notified by the landlord (which we weren't) and reimbursed for any extermination fees. A set time for extermination was never set. Later, we called the exterminator to set a time for extermination at which point he told us that a real estate agent had let him into our apartment, unbeknownst to us and without our permission, and sprayed the apartment before we could remove clothing, furniture, electronics, etc. from the apartment. I, personally, did not think this was a big deal and was thankful that something had been done, however, one of my roommates (one who's room was actually infested with the bedbugs, mine was not) was extremely upset by the actions of the exterminators, real estate agents, and landlord, suggesting they had broken laws by 1) the landlord not informing us of the infestation and 2) entering our apartment to exterminate before receiving our permission and removing our belongings. This same roommate now wants to try and get out of the lease that runs from April 2009-August 2009, as well as, the lease that runs from September 2009-August 2010 with the same company. Does this sound like a possibility?

    I appreciate any and all help/info.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Infestation Problem - When Can You Break a Lease

    If I understand, your roommate had bedbugs in her room, you (or you and your roommate) requested that they be sprayed, the exterminator told you "have your landlord pay", your landlord then hired the exterminator to enter and spray per your request, the exterminator did so, the problem is resolved, and you want to know if that can get you out of your lease? Based upon my understanding of what you've said, the issue is quite likely resolved in the landlord's favor by a boilerplate "right to enter" clause in your lease.
    Quote Quoting MGL Chapter 186: Section 15B - Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
    (1)
    (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. A lessor may, however, enter such premises:
    (i) in accordance with a court order;

    (ii) if the premises appear to have been abandoned by the lessee; or

    (iii) to inspect, within the last thirty days of the tenancy or after either party has given notice to the other of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.
    * * *
    It's courteous to give notice, and good practice for the landlord, but when entry is permitted as outlined therein the statute does not require it.

    Here's some information on bedbugs that may be helpful.

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