Tenants moving out due to roaches

[Paige Roberts]

My tenants called today informing me they are breaking their lease and moving out.  They moved in around February of this year.  I had the rental professional sprayed before move in.  A 3 or so weeks after they told me roaches were there.  I called pest control immediately.  They sprayed. They said they woild need a follow up in two weeks. My tenant went into premature labor and was gone for a month. I wasn't able to do the follow up, i even askerthe husband tenant while she was in the hospital if we could spray before the baby got home. He said he wouldn't have time.   They get home and of course the roaches are back.  I called and the pest control came yesterday.  They had been staying at a family's place while it was getting taken care of.  They haven't even been back to the rental since it was sprayed when they called me today. I told them I understood and they demanded their rent of June back and deposit. I told them I could not give deposit back bevause I've noticed a lot of things I'll need to replace last time I was in there.  Am i doing the right thing by giving them all of this month's rent back and no deposit? I don't understand because I tried to rectify the problem as much as possible by being on top of it and calling as soon as I knew.  Thoughts on the whole situation? I feel horrible about the roaches.

[Jon Holdman]

I prefer to do month to month leases, so I would have told them to give me proper notice (30 days before the rent is due, per lease and CO law) and they could leave with no problem.  But if they choose to break a longer lease or don't get proper notice, I'm not going to give them a break.  With this happening yesterday my response would be "No, I will not give you June rent back.  Further, July rent is due on July 1.  And you're breaking the lease and my fee for doing that is equal to the deposit.  You'll be getting a bill for any damages."  And if I did not get July rent they would get a pay or quit on July 5.

Its very likely the roach problem is, at least in part, being caused by them.  Messiness attracts roaches.  I grew up in MO, on the other side of Lake of the Ozarks from you.  My mom was (and is) meticulous and we never had a roach problem.  Unless these something nearby that's generating roaches, its probably your tenants lack of cleanliness that's attracting them.  I would suspect they just don't like the place and this is an excuse for leaving.