Hus

Join Date 09/2001

A day in the life...of a cockroach.

In my apartment...it's mere seconds of life, as they get squished upon first sight. But that's the problem, the fact that I have to squish them...the fact that my apartment has cockroaches to begin with!!! See, I moved into this roach-infested sh*thole about 4 months ago and am now seriously regretting ever doing so. At the time, it looked clean, but I soom came to realize it wasn't. Just the other day my landlord tried to do something about it, they used those indoor foggers in all the apartments, but it still hasn't done much, as I'm still killing them left and right. I want nothing more than to get out of this place, but I signed a year lease, and if I break that lease, I lose my security deposit. So my question to you all is, do I have any rights in this? Is there some loophole that if my apartment has roaches I can choose to leave and get my money back? I really don't know what to do, because if I see another roach, I'm gonna forget that $1000 and just leave.

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I believe that it is generally accepted that one does not have to live with such vermin. That would depend on your state board of health and maybe local laws governing rental units. Might shoot them an email.

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NightTrainthedark

Join Date 07/2003

+255

If it is the only issue you have with the place then maybe you can hire an exterminator yourself. I know it seems rediculous but if you like the place other than the roaches then at least you will save yourself the move and probably alot of money as well.
Foggers are not going to work. I am no expert but I recently had a run in with some roaches myself. My building manager jumped right on the situation and hired an exterminator to get rid of them. After a week they were all gone.
If your landlord wnats to keep messing around with cheap and ineffective alternatives then I say stop paying your rent. Put it towards an exterminator and deduct it from your rent. Who cares if he taps into the deposit. You must take charge of the situation. How is the bigger question.

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Well my complaints is what led up to the foggers, but it obviously didn't work. The entire building is roach-infested, and to get an exterminator to do the entire building is gonna cost a lot of money, none of which should come from my pocket. If the landlord doesn't do something soon, he's going to be one tennant short next month...and then let him struggle to find another helpless soul to rent this place out. I'm not going to pay for an exterminator...I'm just going to leave. To me it's a matter of if I'm able to get my deposit back or not. I was hoping there might be some kind of law that allows that...

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goodmorphing

Join Date 03/2002

There is something (I am not sureof the name of it, though) in my city... it is like a rental/landlord referral. Kind of like a bbb for real estate. It is a list that landlords and also tenants can refer to when they are screening for bad apartments/renters. It is kind of a black list. Check around and see if they have it in your city and if they do mention to your landlord that you want out. If they give problems, then you can offer to list him with that service... lots of times that is all it takes.

Also, call your city/county emergency referral list (or look in the front of your phone book). lots of times you will find free legal aid, and information.

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Hus, floggers are not a serious attempt to resolve a real infestation. If they are the German Roaches they will be hell to get rid of and tenting the building will be about the only way to do it. Your Landlord rented you the place under certain conditions and if those conditions were not actually being met as far as health and such, you should be able to force him to return your deposit and such.

I would explain to him that you want the issue resolved in short reasonable order or you Will contact the City and also Code Enforcement. I would also call or speak with a Lawyer if push comes to shove.

Roaches also work in the order of "everyone seen means there are 20 not seen" in the walls and also pulmbing...

good luck with it...

*You* did nothing wrong....

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goodmorphing

Join Date 03/2002

In the meantime, buy a scad of those little Raid bait traps.. the ones that claim to kill within 24 hours, and even in the nest. Scatter them liberally around your house. They will maybe help keep it livable. Not those little glue motels....

I moved into a freshly bombed house and had a problem still. I upended my kitchen table and soaked the legs, joints, sides, and underside. Got about 200 of them. It helped a lot.

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Sounds a lot like Florida where you live...

Palmetto (Roach) is the state Bird

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goodmorphing

Join Date 03/2002

hehe... they grow 'em big here. I don't have any here, now. Those Raid traps, the ones with stuff to kill the eggs and the nest are worth the extra $$$.

Thats another thing, when you kill one make sure to get rid of it immediatly... they lay their eggs when they are dying. Get rid of those.. flush them right away. spray around doors and windows with longlasting spray, to keep the neighbor's ones out.

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if those conditions were not actually being met as far as health and such, you should be able to force him to return your deposit and such.

See, that's my problem really, my lease doesn't make any mention of these kinds of problems. I'm combing through the NJ state website taking down a few numbers, but they don't even have a specific department that I can call (but I'm probably just not looking in the right place). I'll call these numbers tomorrow, and if I get nothing, I'll call my lawyer. My landlord is the type of person that will run through traffic to pick up a quarter, as if the $1.99 foggers weren't enough to tell you, so I really want to play my cards right. I can't afford to lose that money, I'm going down fighting to the death for it. >

Thanks for the advice, I found this website on how to use boric acid and roach baits and they say it does a job as good as an exterminator. The war has begun.

http://www.uky.edu/Agriculture/Entomology/entfacts/struct/ef614.htm
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Oh rent or buy Joe's Apartment and play it in the middle of the night and when they all come out to watch it AMBUSH!!!

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If you do leave, since you're losing your security deposit anyway...

Get red spray-paint and paint "This apartment has roaches" everywhere...even the bathroom tile.... revenge is sweet

*realizes above idea isn't really possible*

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Hus, you are on the right track with the dust and baits. Baits are available in stations or in syringes. The syringes are very useful because the most important places to apply the bait is INTO cracks and crevices. I am a manager at http://www.trulynolen.com/index2.asp If you have any questions I'll do my best to help. Good luck.

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I would start with the State Board Of Health. Of course these situations will probably cause you to be evicted for the slightess discretion on your part. In some states, the landlord does not have to even give a reason for eviction. But, your State Board Of Health can give you guidance into making sure that you follow the proper course according to the law. You don't have to live in a Roach infested apartment. Most of the problem is not normally you, or the landlord in these cases where the landlord is trying. But, there are other filthy tenants that leave food lying around. The landlord actually needs to take total control and hire a good exterminator and then perform tenant inspections for filth control. Filthy tenants will need to be evicted to finally solve the problem. It is the landlords responsibility to make sure that the Health and Safety codes are followed according to the law. But, all of this is normally to much trouble for most landlords. So, they will normally try to target you as a troublemaker. Your best alternative is probably the State Board Of Health and make sure you pay your rent on time during their investigations. I would buy some roach traps and take pictures when they fill up for evidence. Once the State Board Of health gets involved you can take those filled up roach traps in a plastic bag to the landlord and ask him for your money back. But, don't threaten him. If he refuses, show the pictures or the traps themselves to the State Board Of Health. But, make sure you pay your rent on time and you don't give the landlord any excuses to evict you and ruin your rental history and credit history.

Regardless of what you do, I would not withhold any rent. This gives the landlord an excuse to evict you. Then, you have to depend on lawyers to help you. The landlords will have good lawyers and trying to find a good one yourself is difficult. You may have to spend double or triple your lease to get a good one. So, I would pay my rent on time, and in full, and let the State Board Of Health help you.

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My ex-gf actually lived in a huge, beautiful but roach infested apartment. We could see them crawl through the sky lights, and a few times they would crawl on her at night. Still, she waited one year exactly and moved. This is probably the easiest way.

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paxx

Join Date 03/2001

I don't know about the laws in NJ, but here in Quebec, having roaches is a reason to break a lease and leave. I'll try to get info for you about NJ laws.

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paxx

Join Date 03/2001

OK, here isthe infoI found about NJ:

Copy-paste parts of this website: http://www.lsnjlaw.org/english/placeilive/rent/tenantsrights.cfm

Moving out because of bad conditions
If your landlord refuses to make needed repairs to your apartment, you can move out before the lease ends and still not be held responsible for rent for the time left on the lease. It is important to have proof of these bad conditions. You can get this proof by having a building inspection done and taking pictures before you move out. In this situation, the law holds the landlord responsible for breaking the lease by failing to fulfill his or her duty to provide you with safe and decent housing. This is called constructive eviction. Please read Chapter 6, Your Right to Safe and Decent Housing, for an explanation of a landlord’s duty to maintain housing in good condition.

There are certain rules that apply for a constructive eviction.

You can break your lease under this rule if the conditions in your rental unit are so bad that it is very hard to live there. Examples of this are if you have no heat in the winter, or your health and safety are at risk. In addition, your landlord must have failed to correct the problem after receiving notice from you, which should be in writing if at all possible. Cite: Marini v. Ireland, 56 N.J. 130 (1970) C.F. Seabrook v. Beck, 174 N.J. Super. 577 (App. Div. 1980).
If you move because of bad conditions before your lease ends, your landlord may sue you for rent for the time left on the lease. The landlord will almost certainly refuse to return your security deposit. You may find yourself in court either because the landlord has sued you for back rent or because you are suing the landlord for the return of your security deposit. Whether you win or lose in court will depend on how serious the judge believes the conditions were that you claim forced you to move. Judges usually allow a tenant to break the lease only when very serious conditions exist, such as no heat, no water, a broken toilet, a broken elevator, flooding, or excessive and constant disturbances.
It is important that you give the landlord notice of the defective conditions and a reasonable amount of time to make repairs before moving out and claiming constructive eviction. Your notice should be in writing, and by certified mail, return receipt requested. Keep a copy of your notice.
If serious conditions in your apartment force you to move before the end of your lease, you are still entitled to have your security deposit returned to you.

Chapter 6: Your Right to Safe and Decent Housing

Housing must be safe and decent

Tenants frequently complain that their landlord will not repair such things as windows, locks, toilets, faucets, and heating systems when these break from normal wear and tear. Tenants also complain that their landlords do not do routine maintenance, such as pest extermination. You have a right as a tenant to live in housing that is safe, clean, and decent. This chapter explains this right and the laws that place a duty upon your landlord to maintain your rental unit in good condition. This chapter also explains the different steps you can take to have your landlord make needed repairs and do routine maintenance.

There are several different laws that require landlords to maintain tenant-occupied rental property in safe and decent condition.

The warranty of habitability
Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant.

The warranty of habitability has been held to include keeping the basic elements of your housing unit in good condition. This includes taking care of physical elements, such as the roof, windows, walls, etc. the systems that supply you heat, hot and cold water, and electricity and gas appliances, such as the stove, refrigerator, and dishwasher keeping apartments pest-free and common areas clean and providing security against crime, such as locks on doors and windows to deter break-ins.

There are more info on that web site, but it does look to me like you have rights. But the problem is that you may end up having to sue your landlors in order to get your security deposit back. Maybe you should contact these people:

New Jersey Tenants Organization
389 Main Street
Hackensack, NJ 07601
(201) 342-3775

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Thank you all for your responses! It really means a lot to me. Paxx, thank you for the information, it was just what I was looking for! I'm going to call them right now and find out exactly what I should do. Thank you all very much!

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If it is the only issue you have with the place then maybe you can hire an exterminator yourself

if he were living in a single family dwelling, hiring an exterminator would be a viable suggestion. unfortunately, there are other families living in this dwelling. it sounds like this is an apartment house/developement etc. which means that each apartment would have to be treated individually at the same time in order to get the problem under control. there is no way hus could afford this bill, and in all probability , the landlord has surmised this and has decided bugbombs(inneffectual at best) are cheaper.
Even if hus leaves this dwelling, and finds a new residence, he will still have to have all his possessions fumigated as the roaches will be carried with him to his new home. so opting to forget the 1000 security is not really the issue. the longer you stay in a dwelling infested with vermin , the more of your posessions will carry those vermin. because you are seeing the bugs means the infestation is huge, as those bugs are shy and prefer not to come into contact with anything but their own kind. they only come out in the open when it's become so crowded in the place where they originated that there is no room for them and they must move on to survive.
I am deathly afraid of those bugs and unfortunately had to deal with the problem when I was young and moved into a complex.
In my past line of work (emergency medical services) have had to transport children and adults both, who have awakened from sleep to find their own body had been violated by these bugs, at night they will look for someplace warm dark and moist to hide. human ears are one place they will try to hide, then get stuck.
hus I wish you all luck in dealing with this problem and hope you can resolve the matter with your current landlord , or find a new place to stay. if you move on, remember fumigate your belongings well prior to moving into the new place.
(oh ya, and almost all apartment complexes have bug problems, but most good ones will do all in their power to minimise the infestation via exterminator on a routine basis)

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hence a tent

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I tried calling the department that paxx listed, but they will only help me if I join their membership-only club which is $22 a year or something...so I skipped that for now, and emailed my lawyer. In the meantime, on the same website I found my first course of action. I'm going to simply not pay my rent until the roach problem is resolved. Worst case scenario, he evicts me after 1 & 1/2 months and I lose my deposit, which is fine with me, I'll be breaking even since I won't be paying rent. I'll try and let you know how the war is going...the first shots have been fired.

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State Board Of Health?

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My mother, being in the real-estate business, has put me in contact with a good real-estate lawyer. A free consultation...can't beat that, right? I'm going to fax him my lease tomorrow, and hopefully go from there.

I don't want to screw the guy over Chas, I just want to leave in the most painless and simple way possible. I won't be getting robbed either, so if it does come down it...and he gives me a hard time...I'll try to let his lack of care for his tenants be more known. I rather it not come to that though...we'll see...

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paxx

Join Date 03/2001

Keep us posted. We're interested.

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goodmorphing

Join Date 03/2002

How's it goin' Hus?

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Hehe, thanks for the interest GM.

I guess no news is good news in this case. The problem seemed to have gone away, though surely thats just on the surface. In any case, I think I will just ride out the 1-yr lease, and move out then. Hopefully it remains this peaceful until then...

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