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Can I Sue My Landlord for a Roach Infestation?

Updated November 15th 2022

4 min read

Living Amongst Roaches? If your landlord won't solve it, you have access to justice.

Can I Sue My Landlord for a Roach Infestation?

Can I Sue My Landlord for a Roach Infestation?

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Trey Salm

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Dispute is the easiest & most accurate small claims platform with affordable ways to resolve every dispute.

Do you have a roach problem? If so, you're probably wondering, "Can I sue my landlord for a roach infestation?" Luckily, the answer is yes, and we can help. Pests are a problem that should never be ignored, and roaches can make an apartment uninhabitable. Most often, landlords are eager to rid your home of pests, but in some cases, they need some persuading.

Dispute can help you sue your landlord over a roach infestation in your home in just 5-10 minutes, and all from the tips of your fingers using your cell phone.

Do I Have Rights as a Tenant?

Each state has its own set of landlord-tenant laws. Most states have protected basic tenant rights that include the rights to repairs and habitable homes, among many others.

In this case, a roach infestation can be the reason that a home is no longer habitable, and you have the right to have the problem fixed. Most landlords will take action immediately to get rid of the pests in your home, but if your landlord refuses, you can sue your landlord for a roach infestation.

How Do I Sue My Landlord?

If you notice roaches in your home, you can do several things to make sure it's taken care of swiftly:

Document Everything - Take the time to document everything about your situation, so you've got plenty of evidence of a roach infestation. Make sure you include the following:

  • Photos of your otherwise clean home
  • Photos of roaches in your home
  • Dates when the roaches appeared
  • All correspondence between you and your landlord about the roaches

If you end up in a small claims court, you'll be happy you took the time to keep such detailed notes. They can often be used as evidence for your hearing!

Write a Demand Letter - Before you sue your landlord, try writing them a letter demanding that they handle the roach infestation before a certain date. You'll want to include these details:

  • Explain the problem
  • Detail any damage the roaches have caused
  • Detail if you've tried to fix the problem yourself
  • Ask that the landlord pays for pest control and any other expenses by a certain date
  • Explain that you'll be withholding rent (if your state allows it) until the problem is resolved
  • Sign, date, and mail your letter. Make sure you get delivery confirmation

A demand letter can be frustrating to write, and if you don't have experience writing demand letters, it can be daunting. We can help you generate and send a demand letter for $19 from your phone in just minutes using our software.

Sue Your Landlord in Small Claims Court

If you want to take your landlord to small claims court, you need to be prepared. Make sure you've got all your evidence organized and prepare to do the following:

  1. Contact your local court or an attorney and find out where to file your case.
  2. Download or obtain the appropriate paperwork from the small claims court.
  3. Fill it out, sign, and notarize the documents.
  4. Pay the court's filing fees (varies by state and size of "claimed amount).
  5. Return the document to court for filing.
  6. Wait to hear back from the court on the status of your case (approximately 2-4 weeks).
  7. Serve your small claims case to the other party with the help of local law enforcement or a process server.
  8. Attend your hearing and present your argument.
  9. Collect your Judgement

Small Claims forms can be difficult to navigate. We can help you generate, sign and notarize a small claim for $99 from your phone in just minutes using our software. This way the only time you need to go down to the courthouse is when it's time to have your hearing.

If you have any questions regarding suing your landlord or accessing small claims court, please get in touch with us.

Get Dispute to file your small claims case online today.
Win back the money you deserve.

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