Some Legal Advice needed

[Ragone]

Friend of mine rented a house and signed a lease after a (her words) "rushed" tour of the house.. everything seemed ok to her.

She comes back a few days later to start moving stuff in.. and the house is infested with cockroachs and all manner of spiders etc.. I was there for this.. THEY WERE EVERYWHERE..

Now, she is out nearly 1200 bucks from paying them first month rent+deposit and they won't give any of it back.. is she sol or can she at least get the deposit back?

[JPhillips]

Check with your local renter's advocacy group. Most cities have one, and they can give you help concerning that state's laws. You should be able to find it on the net or in the phone book. If you post the city, you might get specific help from someone here.

[Hawglaw]

I am no property attorney (I am a labor lawyer) but this question is going to governed by your friend's state's particular law. There is such a thing as "Warranty of Habitability" but whether it applies and how strong it is depends on what state your friend is in. There may also be a breach of contract issue (if the LL promises to deliver possession in a habitable condition). My point is that you need to tell us what state this is in and (hopefully) someone will know that state's laws.

I am so out of my element here, it is ridiculous. You got an issue concerning with being fired, let me know :)

[GrantDawg]

Should be able to force them to hire a terminator, but she still has to pay rent.

[JAG]

Originally posted by Ragone
Friend of mine rented a house and signed a lease after a (her words) "rushed" tour of the house.. everything seemed ok to her.

She comes back a few days later to start moving stuff in.. and the house is infested with cockroachs and all manner of spiders etc.. I was there for this.. THEY WERE EVERYWHERE..

Now, she is out nearly 1200 bucks from paying them first month rent+deposit and they won't give any of it back.. is she sol or can she at least get the deposit back?

I'm no lawyer, but she should check her copy of that lease to see what it says about livable conditions and/or pests. What city/state is this in? There are rules set up for what are considered minimal livable conditions, although I'm not sure where pests figure into that. You might try www.tenant.net or some other website, especially the one for the appropriate city/state renter's association, for more detailed information. Good luck and let us know how it turns out.

Jamie

[digamma]

Agree with Hawglaw that individual state's rules may vary. And adding an additional disclaimer that this is merely a statement of legal principles and not an offering of legal advice...

Checking with a renter's advocacy group is a good idea.

Generally renters are allowed self-help remedies, which means she could hire a terminator and get the problem taken care of and then deduct the cost of the terminator from the next rent payment.

[Ksyrup]

Originally posted by Hawglaw
I am no property attorney (I am a labor lawyer) but this question is going to governed by your friend's state's particular law. There is such a thing as "Warranty of Habitability" but whether it applies and how strong it is depends on what state your friend is in. There may also be a breach of contract issue (if the LL promises to deliver possession in a habitable condition). My point is that you need to tell us what state this is in and (hopefully) someone will know that state's laws.

I am so out of my element here, it is ridiculous. You got an issue concerning with being fired, let me know :)

I agree. This stuff is state-specific, but most states will have some sort of habitability statute - which can apply to heat/air conditioning, running water, general health code violations, etc. - that would likely apply, given the circumstances.

For instance, in Florida, there is a statute which requires the landlord to maintain the premises in compliance with all applicable building, housing, and health codes. I would think cockroach infestation would violate some sort of health code. Based on that sort of violation, FL law provides for the ability to terminate the lease upon written notification and the landlord's inability/refusal to cure the problem.

But that's just FL. Checking with a local consumers' rights/renters' advocacy group is probably the best first step.

[albionmoonlight]

This is not legal advice, but it would not hurt to take a picture. That will carry more weight than "my friend and I saw a lot of roaches" however this ends up.