Do I have grounds/is it worth it?

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Poet730

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I recently had to vacate my apartment, thus breaking the lease early and am now trying to have the landlord return my deposit. I began contacting them via certified return receipt mail (as per the terms of my lease) in February regarding a leak that escalated into an infestation of bugs and a horrible smell of excrement and chemicals. They did not contact me regarding the situation until 3/28 - with a phone call to inform me that they needed me to miss work so they could enter the apartment. I found this to be unsatisfactory as I had been trying to have this problem resolved for nearly 2 months and I had not been able to stay at the apartment for a month already. I informed them on 3/31 that I would no longer be paying rent to them due to their negligence. Upon speaking to them in their offices they informed me that they would be keeping my deposit because I was breaking the lease. My rent had never been late or incomplete. I was not a problem tenant. I realize that they may want to counter-sue me for the rest of the years rent (my lease would expire in July) but I also know that they will not be able to rent the apartment to anyone else until they take care of the smell.

Basically I want to know if I have grounds to take them to small claims court?
And, do you think it is worth it?

Thanks!
 
Anyone can file a lawsuit. What you need to decide is whether you have enough evidence (i.e., written documentation for example) regarding the request for repairs that were not addressed until two months after your initial contact.

You'll need to have such evidence to present to the judge as your reason for breaking the lease.

Gail
 
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