Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 7 years ago on . Most recent reply

Account Closed
  • Manassas, VA
3
Votes |
6
Posts

Does This Section of the Lease Hold Up?

Account Closed
  • Manassas, VA
Posted

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."

Loading replies...