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Posted by TenantNet on March 16, 1997 at 08:51:02:

In Reply to: Deposit and brown recluse spiders posted by Jane Fuller on March 11, 1997 at 14:40:52:

: I moved into my first apartment in Nov. 1995 and signed a 6 month lease.
: I decided to move out in March because of a problem with brown recluse spiders.
: The previous tenants dropped by to inform me of the same problem they had with the spiders.
: In so many words, they explained that while living in the apartment, it was infested
: with these spiders. Because of this, they were asked by the same landlord to move out.
: Anyways, to make a long story short, I did not know about the spiders before I signed the lease
: and the landlord did not make me aware of it either. After giving him 3 weeks notice, I moved out.
: He refused to return the $200.00 deposit because I broke the 6 month lease.
: Even though I had suffered from bloody noses and nauseousness (from the pest
: control's spraying at the expense of the landlord), it still did not matter.
: I have written to several legal agencies in Kentucky and am awaiting their responses.
: What are my rights? Is this fair?

We're not sure about the law in Kentucky, but many states have a
"Warranty of Habitability" -- either written into law or implied
in practice, which means a landlord warrants theat the premises is
habitable. Obviously, if you can prove your facts (and especially if
he knew about it, then that's a breach of lease. Generally to get a
security deposit back, you would go through your local small
claims court or Attorney General's office. They may have certain rules,
so it's good to look into your local specifics. He may claim "damages"
of the $200, but your defense would be he breached the lease and therefore
you do not owe any money for the remainder of he term.

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Comments:
: : I moved into my first apartment in Nov. 1995 and signed a 6 month lease.
: : I decided to move out in March because of a problem with brown recluse spiders.  
: : The previous tenants dropped by to inform me of the same problem they had with the spiders. 
: : In so many words, they explained that while living in the apartment, it was infested
: : with these spiders.  Because of this, they were asked by the same landlord to move out.  
: : Anyways, to make a long story short, I did not know about the spiders before I signed the lease 
: : and the landlord did not make me aware of it either.  After giving him 3 weeks notice, I moved out. 
: : He refused to return the $200.00 deposit because I broke the 6 month lease.
: : Even though I had suffered from bloody noses and nauseousness (from the pest
: : control's spraying at the expense of the landlord), it still did not matter.
: : I have written to several legal agencies in Kentucky and am awaiting their responses.  
: : What are my rights?  Is this fair?

: We're not sure about the law in Kentucky, but many states have a
: "Warranty of Habitability" -- either written into law or implied
: in practice, which means a landlord warrants theat the premises is
: habitable. Obviously, if you can prove your facts (and especially if
: he knew about it, then that's a breach of lease. Generally to get a
: security deposit back, you would go through your local small
: claims court or Attorney General's office. They may have certain rules,
: so it's good to look into your local specifics. He may claim "damages"
: of the $200, but your defense would be he breached the lease and therefore
: you do not owe any money for the remainder of he term.



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