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Updated over 7 years ago on . Most recent reply
Does This Section of the Lease Hold Up?
I just moved into a new apartment this weekend and the place was infested with insects. I tried calling the property management company because of this, but they are closed on weekends.
Because the unit was infested with insects prior to moving in, and not due to our actions as tenants, would this paragraph from my lease be enforceable (specifically the portion in italics)? It is my understanding that an apartment needs to be habitable, with part of this definition being that you cannot have tenants move into an apartment that has an infestation problem.
Thank you
"6. USE, OCCUPANCY AND MAINTENANCE
i. Insects and Pests. Tenant shall keep the Dwelling Unit free from insects and pests, and promptly notify the Landlord of the existence of any insects or pests. Tenant shall prepare the Dwelling Unit for the application of insecticides or pesticides in accordance with any written instructions of Landlord, and if insects or pests are found to be present, follow any written instructions provided by Landlord to eliminate the insects or pests following the application of insecticides or pesticides. Tenant who has concerns about specific insecticides or pesticides shall notify the Landlord in writing no less than 24 hours before any scheduled insecticide or pesticide application, in accordance with Section 17 of this Lease. Tenant does hereby release Landlord and Agent from any and all claims or liability to Tenant, Tenant's authorized occupants, or guests or invitees, and does hereby agree to indemnify and hold Landlord and Agent harmless, from and against any and all losses, damages, claims, suits, costs (including reasonable attorneys fees and costs) or other liabilities whatsoever arising from the presence of insects or pests in the Dwelling Unit, and/or resulting from Tenant's failure to comply with the provisions of this subsection or any other provisions of law."