Help! Building infested with termites! I want to terminate lease

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TermiteInfested

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Forgive me if this a little long, but I want to explain the situation fully...

I rented an apartment in January, at which time I noticed wood shaving and some wood damage around the floorboards. I told the landlord about the damage, so that I wouldn't be blamed for it when time came to get my security deposit back. Since moving in, I have seen an increase in the wood dust and shavings, and also an appearance of the culprits: winged termites. They became more and more active, and I mentioned it to the landlord a few times in the last few months.

Now they are swarming, maybe because of the rainy season, I don't know. I told the landlord again that the problem persists, and that they are everywhere and they are damaging his property, and that they're driving me crazy. He is often out of town, and said he would take care of it on the 15th (ten days from when I called him last), and not to worry about the rent in the meantime.

But the problem is out of control! They're everywhere, and nothing I do has helped. They crawl on me in my sleep, I have bites and itching in my hair, they're in my shower and cabinets and closet and food, all over my computer and clothes. I can't escape them at all, and when I clean them up they come right back. I have nightmares even!

It's become completely unlivable and I want to move out immediately. I don't want to wait until the 15th, nor do I want to deal with the chemicals or other issues surrounding termite treatment.

I looked at the Florida statutes here: http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=Ch0083/PART02.HTM

I spoke to the other tenants, and it's the same problem there. The whole building is infested. My understanding is that he is responsible for pest control, and has to abate the rent until the problem is resolved. I'm not an expert, but I have been in Florida long enough to know that the place will have to be tented, and I'm not prepared to deal with that disruption, nor can I stay here any longer.

All my communications with the landlord on this issue have been verbal until now. It was suggested to me that I move out and try to get the lease terminated. I am ready to do that, but I want to make sure that I get my last month and security back, and that I cover myself with paper, properly.

Please advise me if I have the right to move out and terminate the lease because the place is unlivable, and how best to go about doing that and composing the certified letter I will send. I just want to end the agreement and get back to a normal life, I don't want to deal with this trauma any longer.

Thanks in advance for any advice or comments.
 
My experience has been that all buildings in subtropical USA are infested.

I spend a lot of money at Wal-Mart for pesticides!
 
Not all buildings, only those not properly maintained. By Florida law, the landlord is responsible for pest control. But thanks for your comments.

Any other advice would be greatly appreciated.
 
Has your landlord done anything to stop the situation? You should write a certified letter to them and make a copy of it. Give them at least seven days to respond and to take action. If nothing is done I'm pretty sure you can break the lease. I'm not sure if you'd have to pay a penalty fee.
I'm in the same boat, but with roaches. That's the advice people gave me.
 
This site may have some answers. Keep in mind you have to give landlord time to resolve issue(s) and follow whatever your state guidelines are for this issue. You can't just say there was a breach.
 
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