Lease Termination Notice
I am 6 months into a 12 month lease; there is an issue with a creature living in the ceiling of the apartment that the landlord has not been able to resolve. As they have been unable to remove the pest and it continues to scratch loudly on the ceiling (it wakes me up at…
I am 6 months into a 12 month lease; there is an issue with a creature living in the ceiling of the apartment that the landlord has not been able to resolve. As they have been unable to remove the pest and it continues to scratch loudly on the ceiling (it wakes me up at 2, 3 or 4 am) I would like to terminate the lease.
I called the landlord 2 weeks ago to discuss it and have left several messages since that time with no return calls.
At this point I am considering sending a certified letter giving the landlord 30 days notice that I will be leaving.
Does anyone feel that I will still be responsible for the remaining lease term?
Thank you
“A” creature, ha!
You have a rat infestation, which is not that easy to fix, but impossible either. The exterminator will probably need to come back several times, and part of the issue may be structural (ie very expensive to fix.)
I would go to the housing court, avail myself of the free advice on how to terminate a lease and go from there. Some people (landlord and tenant alike) tolerate pests and think it ‘s a New York thing. I don’t tolerate them, but then I am an owner now, so I can take the necessary measures. In your case, it sounds like your landlord is into half-ass efforts. Good luck!
bao — that sounds much more serious than your first post.
Leaking ceiling, black mold, and nest of rats extending over a 2 month period is not cool.
I’d get some real legal advice and find out what you options are. If you think the landlord is making a reasonable good faith effort, I’d give him one more chance to fix things with a formal notification that the problem must be resolved by such-and-such a date.
Yes, a nest of rats is totally different from a little scratching. My apologies for the levity. Fox urine’s starting to look better.
I could care less about the noise, this being the City and all, as everyone else points out. But I couldn’t live with a nest of rats in the ceiling and chewing through the drywall.
Rob –
You must be back on your meds – you’re making alot of sense!!
I have been both a renter (23 years in one apartment) and a landlord. “Sometimes tenants need to just do simple things like this themselves instead of working themselves into a tizzy.”
A little more info:
When the exterminator came out he came to the conclusion it was a nest of rats. A hole was cut into the ceiling, and poison was distributed in the space. The hole was covered with drywall again closing the space (no access to this area without cutting into the ceiling). I went on a 3 week vacation (knowing about the smell). That was 2 months ago, they are still running around.
Yes, earlier in the year the rats had chewed though the drywall and gained access into the apartment. The roof began leaking shortly after and that drove the rats away. The leaking ceiling also took months to fix, black mold over a 6′ x 6′ area. Once the mold was removed & ceiling fixed the rats came back.
I understand it sounds funny, but it is very loud – over the cars, plans and other noises of the city. All of this is documented including the 311 complains and subsequent inspections by the housing department.
earplugs and a white noise machine. works GREAT for me.
Which is better? Living with the scratching or the constant smell of fox urine? Hobson’s Choice?
bxgrl, eww, gross, to someone waking up with a rat on their foot!
OP, I’d do a combo of what *rob* and bxgrl suggest. If there’s a critter in the ceiling, and the landlord isn’t taking care of getting rid of it, then hire an exterminator, pay him yourself, document everything, deduct the amount from your rent (making sure the amount charged/paid is reasonable), and present the paperwork to your landlord with your next, adjusted, rent check. Over the years, my tenants occasionally had to take care of emergency repairs in my absence (plumbing and electrical issues come to mind), and that’s how they approached me, and it worked out just fine.