Lease cancellation question

By silverfish infested renter

I recently moved into a new community that markets itself as the newest in luxury living and "offering unparalleled services".  Here is my experience.  On move in day, my first impression was already tarnished because when I arrived at my new apartment, it was dirty and had not been clean.  The previous residents razor was still sitting on the tub so that should paint a picture.  I went back to the office and told the manager and she said she didn’t have time to look at it that week.  I cleaned it myself.  I thought, ok, no one will clean it like I can so that is what I did.  Figured once it is cleaned I am good to go, this I can fix.  Then as night fall approaches I am seeing insects coming out of the light fixtures, and the kitchen light is full of them.  I thought they were dead until I saw them moving around.  I turn in my move in inspection form and note the insect problem.  I hear nothing from staff.  I call and leave a message about needing extermination services and I don’t get a return call.  I go on the apartment website and send email, I get no response.  In the middle of all of this lack of communication from the staff, I google "how to get rid of Silver Fish" and l then invest in boric acid for behind appliances closets and cabinets as well as spray entire apartment with Ortho.  I go into the office to again ask for help with this problem and to share a possible solution.  Out of frustration, I called  a property manager friend of mine and she tells me that the apartment community has to treat the attic or they will continue to return to my apartment and she told me how her apartment community rid themselves and their resident’s apartments of these insects.  The Assistant Manager says "great, if you have a solution we are wanting to know" so I send her an email with the details from property manager friend, which is what I promised I’d do.  Now, again I get no communication or feedback after email and last night at 2 and 4 in the morning, my smoke alarms went off, waking me up.  They did churp or beep, as they would do when batteries are low, just sounded like the apartment was on fire.  This had happened on another night as well, however the sound was so loud and scared me out of a dead sleep, the first time it happened, I did not know what it was!  I call the office and ask them if they changed the batteries before I moved in and do these smoke detectors randomly go off-Is there anything going on to cause this?  She says she will check with maintenance and let me know if they know of any problems.  I express my concern that I fear something is wrong with them.  i am waiting for a call back.  In the mean time I google about what causes smoke alarms to go off if it is not a low battery and find a website about it.  This website (fire and safety site) states that if the alarms occurs at night it is usually due to insect activity.  The lease here has a cancelation fee attached to it and my question is, can I fight this fee if I cancel  my lease and move out because it is effecting my quality of life?  Their brochure states; "home should always be a retreat from the heavy beat of the daily huslte and bustle" and "The Village at Quail Springs provides a place of peace and simplicity" and "The Village at Quail Springs satisfies the highest demands of daily living with all the comforts and conveniences a relaxed resort styled community is designed to provide".

This is the worst apartment experience I have ever had, I can’t sleep because I know that even with me spraying, the bugs are slithering around all night and now interferring with the smoke alarms, so if I actually fall asleep, the alarms wakes me up.  I appreciate any advice you can give me, please.  I am a reasonable person and it’s not like I’m not trying to solve this problem but they need to meet me half way and it just does not seem like they will.

Thank you!

Edited on: Friday, July 16th, 2010 1:04 pm

4 Responses to “Lease cancellation question”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Ben

July 16th, 2010 3:45 pm

They’re not exactly providing you the quality living they had promised, thats for sure. Quite the infestation if it is causing your smoke alarms to go off.

Being a landlord myself, I would agree that you seem to be a reasonable person. But, how much more reasonable do you need to be?

If you go to management I can almost guarantee they will force you to pay for the lease termination fee. (Lease cancellation fee) It won’t make sense to hire legal counsel, due to the high cost… so, that really leaves you with the option to file a formal complaint. It will run you $35 to have the RPA mediate this for you; but if your complex is really that concerned about being a high class property– it will bend over backwards to take care of a complaint.


silver fish infested renter

July 28th, 2010 6:50 am

Hi Ben,

Thank you so much for your comment to my post on silver fish infestation. When you say “formal complaint” do you mean with the local courts? Also, I have been keeping a video diary of my experiences, (ie. I took video showing my move in walk through, as well as all the steps I have taken to resolve the problem and of the actual insect activity in my apartment) and I am wondering if I can post it online in my blog or this not legal? I also thought about contacting local news stations and submitting the video’s to them to see I can get them to help me. I just am really shocked by their lack of communication or concern over my living conditions. Also, what about the health department? I appreciate your thoughts!
Thanks!


Dani

October 24th, 2010 7:01 pm

I am having a silverfish issue too and I don’t feel like I should have to pay this buyout fee because the issue has not been resolved. What was your outsomce to this issue? I need any advice I can get.


Shannan

June 2nd, 2011 5:31 pm

I’m having the same problem. I have two very little kids (2 year old, and 1 year old), so I can’t really put chemicals around the place. I’ve also had a hard time getting my apartment complex to help me. They keep saying they will send someone out and never do. Or say that they’ll call me back, and never do. I’ve told them I’m getting to the point of breaking my lease and they said “breaking your lease over something as little as silverfish is just plain silly”. I want to break my lease, but I WILL not pay the fees. I’ve been there for four months, and had to bomb twice, pest control came out three times and told me there was no problem. I beg to differ because they are in my bed. They crawl on me when I’m sleeping. I’ve found one crawling on my one year old son yesterday. I’ve been paying my rent, but I haven’t been able to sleep there. The only reason I was there yesterday was because they told me a new pest control guy was coming out to talk to me. Ha yeah he never showed. If you get answers on breaking your lease without having to pay the termination fee, please by all means, let me know! I can deal with them crawling on me, but once you get on my boys, all hell is going to break loose.


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