infested apartment...is lease enforceable?
My daughter leased an apartment on May 28 in Springfield. Signed a one-year lease, paid $300 deposit and first month's rent which was two weeks free and two weeks of rent. Moved in and found the apartment was infested with fleas and mice. The complex had the apartment sprayed and she has vacuumed daily and fogged the apartment herself as well. The problem persists.
The complex has not offered a different apartment and tells her only that the problem will take time to go away. She has stayed in the apartment only one night due to the flea problem. She has pictures of the flea bites on her ankles and legs, and of the mouse droppings on her cabinets and stove top. She is staying with friends and keeping her belongings in her car. She is essentially homeless at this point.
Is the lease enforceable? I don't expect to get any of the deposit or rent back as they have her money and can simply say "no". I am moving her into a different apartment complex before the month is up. Can the lease be broken or is there even an enforceable lease because the complex hasn't provided a liveable apartment in exchange for the rent?
Any advice about how to proceed would be appreciated.
|