Tenants trying to break lease due to roaches after 1 month

General Landlording & Rental Properties
5yFollow

Tenants trying to break lease due to roaches after 1 month

Michael Miller
NY · Member since 2018 · 9 posts · 1 vote

My tenants moved in late August and after about a week they found there were roaches in the unit. Previous tenants had seen some but we got pest control to treat it and it wasn't a major issue. The building has never had a real roach issue before.

I got pest control to treat the unit as soon as I heard about the issue. After a week, they were still having issues so I had pest control come back again, though they notified me it was likely a building issue. I raised it to the board of the HOA the following Monday (now 3 weeks into the lease) and we agreed to have our base pest control enhanced to take care of the issue. I offered my tenants a 50% rent reduction until the issue was resolved (rent was already WELL below market). They have been adversarial throughout the process and are now insisting they break the lease and move out by next week. Do I have any reason to return the security deposit / any defense if I choose not to? Tenants have threatened getting the county/property attorney's involved but frankly they don't strike me as very sophisticated so I have my doubts. FYI, the unit is in MN.

1Reply
174 views

Most Popular Reply

JD MartinBusiness Member
Moderator
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
5y

If you're already well below market, wouldn't it make better sense to let them leave, treat thoroughly and solve the roach problem (if it can be solved), and then re-rent at market levels? 

Podcast Guest on Show #243
Skyline Properties
View Page
2Reply
See this reply in the discussion

9 Replies

Jump to latestLatest
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    5y

    Would I live where lots of poison was used to bomb the gross bugs? Nope. Do I want roaches in my food? Nope. You lose if they make a fuss. A cell phone camera proves the point. Pouring a wheelbarrow load of boric acid and sugar maybe will cut them down. The problem is in the plumbing, walls, garbage, baseboards, vents... 

    1Reply
  • Tim Johnson
    Real Estate Agent · Skagit Valley, WA · Member since 2021 · 257 posts · 283 votes
    5y

    Is your lease clear as to what your options are for their early departure.... and how the security deposit should be handled? (Or are roaches a whole new twist?) From what you have said, I would be most worried about your offer to give them rent "for half price until the issue is solved". They could keep "spotting roaches" forever.... You're doing everything you can.... and they're still adversarial.

    1 Let them go / 2 Get roach problem fixed / 3 re-rent at market level

    2Reply
  • Michael Miller
    OP
    NY · Member since 2018 · 9 posts · 1 vote
    5y

    Thanks, @Tim Johnson. I agree with your recommendation. I guess the real question is how much of the security deposit do I insist on retaining--if I'm totally in the wrong and I need to give it all back, so be it (though obviously the least favorable outcome). On the other hand, if it's totally within my rights to keep the whole deposit, given they are breaking a 12-month lease after 1 month and that I've done everything in my power to address their issues in a timely manner, that would be preferable. Or maybe I meet somewhere in between and keep a month of rent since they're at the beginning of the month. Any thoughts?

    0Reply
  • Tim Johnson
    Real Estate Agent · Skagit Valley, WA · Member since 2021 · 257 posts · 283 votes
    5y

    @Michael Miller Again, if your lease is unclear in regard to how the SD should be handled you'll have to punt. Usually, a frank and honest talk with tenants is a best first step to see if an acceptable compromise can be reached .... in this case probably not possible. I personally would lean toward generosity and getting them out quickly. Keep this month's rent, return the SD, clarify the lease going forward....

    0Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    5y

    If you're already well below market, wouldn't it make better sense to let them leave, treat thoroughly and solve the roach problem (if it can be solved), and then re-rent at market levels? 

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    2Reply
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    Don't rely on what the lease says. You are in NY, you have roaches, and if you rock the boat too much the tenants will go to a tenants advocacy and you will lose a lot more money than the deposit. Let it go, clear up the problem and get it back on the market. All the best!

    1Reply
  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    5y

    It might not be worth the fight to keep any of their deposit.

    0Reply
  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y

    @Michael Miller Advion gel bait system! it will even take care of nasty german roaches. But I'd still let those tenants out of the lease since they've been adversarial from the beginning-- life is too short for nasty tenants.

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y

    Your problem isn't the roaches or the tenant complaints. Your problem is that 3 weeks into the lease the rent is already "WELL below market". 

    I'd give them their deposit back and spend my time focusing on the real problem above. 

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free