The court found cockroaches sufficient reason to punish the landlord
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The tenant terminated the lease 10 days after moving in
The Muscovite went to court demanding that the lease agreement be declared invalid. According to the case file, after 10 days of living in the apartment, the plaintiff discovered that there were cockroaches in the room. She informed the landlord about the termination of the contract and the return of part of the rent and the security deposit. Additionally, a similar claim was sent by post. However, the landlord refused to return the funds. Then the tenant went to court, in which she asked to terminate the lease agreement, to recover from the defendant the balance of the rent, a deposit, as well as interest for the use of other people’s money.
The court of first instance satisfied the claim of the tenant, the court of appeal upheld the decision.
The defendant filed a cassation appeal, but the decision remained unchanged.
Irina Zuy, a member of the Moscow Regional Bar Association, told MK that the court’s decision is absolutely fair and legal.
– The basis for terminating the lease of a dwelling is, among other things, its sanitary condition. If there is an infection of real estate objects with any insects or rodents, then this means that the premises are in an inadequate sanitary condition. Also, faulty engineering communications can serve as the basis for terminating the lease agreement, the lawyer explained. – In my practice there were similar cases. The family rented an apartment. And after some time, its members had problems with the respiratory system. And it turned out that in the kitchen, under the linoleum, there is mold. The tenants terminated the lease. And there was also a case when people bought an apartment in a new building, and mold was found in the room. We went to court and terminated the contract of sale.
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