I realize this is a long post - I hope I have not exceeded any limits.

We have tenants in our new property that have complained about their apartment since we assumed ownership of the building in mid June of this year. They now want to break their lease and have threatened legal action if we do not allow them to walk away from the lease. Their reason given: bugs. But first some background information.

The building was in rough shape when we took over. The prior owners had rehabbed (poorly I might add) the units two years prior but did not have the money to maintain the property. It is a 12 unit three story building with 9 1 br and 3 studio apartments. We acquired the property and immediately began making repairs and updates. We also evicted four tenants for non-payment of rent but who also were involved in drugs and other problems. We very much wanted to make this an excellent property and fine place to live. We repaired a leaky roof, started quarterly pest control, installed emergency lighting in the hall way, did interior and exterior painting (still ongoing) and other minor repairs. We also decided to remove all the carpeting in the vacant units and restore the old hard wood floors. We made repairs in each unit, updated flooring in a small computer room/office each apt has and made other repairs and updates as needed. Doors and windows replaced, new hardware; the list goes on. Our super lives in the building and the existing tenants told him that they were delighted with our direction and management. The prior ownership was atrocious. So far so good.

Now enter our problem children. They had a signed lease with the prior owners. In July, they gave us a long list of complaints about their apartment and threatened legal action if the problems with their apartment were not fixed to their satisfaction. Here are some of their complaints: leak in kitchen ceiling (we replaced the roof - needed it anyway), missing screens on windows, no closet doors, bad kitchen floor (which we suspect their own pet damaged; a pet not declared on the original lease), front and back doors that did not seal well and caused their A/C to run consistently, leaking kitchen sink (which my plumber repaired) and other minor complaints. Additionally, they deducted $50 from the rent one month due to repairs they said they made in the unit. Since they provided a receipt for the work, we agreed with them. They also noted that they replaced the floor in a small room in the apt that their dog damaged and would not be charging us for that! We believe that a number of the complaints were valid and I remarked to them that I would have never rented an apartment in such condition to them. We must also note they they paid their rent late every month and had started to rack up late fees.

As we had just taken over the building and had evicted 4 current tenants, rather than just make repairs to their apartment, we updated an existing unit, identical to their current unit and allowed them to move over to that unit. The apt was in excellent shape. Fresh paint, restored hardwood floors (removed the carpet), new fixtures, paint, transitions, new flooring in a small computer room, and so on. We did away with their old lease and signed a new one - they signed the prior lease in May or June and this was October. We gave them a move-in inspection sheet to note any problems within 7 days to return to us. They did not and as the lease stated 7 days, all is well. Also, in the new lease, we specifically made a provision for them to pay their rent on the 10th of each month as one of the tenants was paid monthly on the 10th. That way they didn't rack up late fees every month. We wanted them to be happy, contented tenants. They were very excited about moving in to the restored apartment. Additionally, they had a cat and small dog in their apartment. We charged a $75 non-refundable pet deposit for the cat since they claimed the cat was theirs. They told us they were watching the dog for one of their parents and the animal would be out soon. We said that as long as the dog was out by the end of November, we would waive the additional pet deposit but would apply it if the animal was still present. They were very unhappy with the pet deposit and could not pay it at lease signing. They agreed to pay it with the next month's rent which was noted in the lease. I will add that when the next month came (Nov), not only were they late on the rent but also failed to pay the pet deposit.

Shortly after they signed the new lease, they began complaining about bugs in their new apartment. Now I must note that during the time we were in that apartment turning it around, we saw very little evidence of bugs. There was the occasional cockroach but hardly what I would term an infestation. We were working in 3 of the vacant units in the building on that floor and did not find many bugs. We bombed each apartment and continued the quarterly pest control. Pest control came and went and they still complained. The exterminator left bug bombs with our super and when they were offered to them, they declined to take them. They indicated that they had already sprayed a gallon of chemicals in their apartment and did not think the additional chemicals would work. We contacted the pest control company and they agreed to come out after two weeks to re-spray the unit. Our super accompanied the exterminator and did say the apartment was spotless. I was in steady contact with our pest control company to see how we could correct the problem.

After the most recent pest control visit, the tenants called to say they were moving out at the end of the month (Nov) due to the bugs. I asked if I could enter their apartment to examine for bugs and see just how bad it was. We are not receiving complaints from other tenants nor did we find much evidence of bugs in the building in the vacant units we were working in. The tenants told me that we would not find any bugs if we came in for a short time - but he was taking pictures. The bugs are supposedly in the freezer and refrigerator and are now in their clock radio and so on. If the problem were so severe as they indicate, I would expect to see bugs during a short inspection. They have not made arrangements for us to inspect and have explicitly asked us not to enter their apartment with out them being present, a request we have respected.

So now they said they spoke to the health dept. and the local housing authority and they say that while they do not want to pursue legal action nor cause any trouble, they want out of their lease. The opt out condition for the initial lease term of 12 months is simple: 60 days written notice (allowed in MO) and one months rent. We gave them a fair offer - pay the late fees and pet deposit as well as one months rent and we will terminate the lease. They want to break the lease now and want us to apply their $200 deposit to the late fees and pet deposit which the lease does not allow.

I realize this is a long post and we will be in contact with out atty. tomorrow but I was curious if any MO LL's have encountered such a situation where city ordinances trump state laws. My limited dealings with LL/Tenant law have made clear that in MO, a tenant cannot cease payment of rent nor break the lease for supposed problems with the property. There are ways they can deal with that.

Thanks for the listen and I have learned a great deal from reading this forum.

Sounds like they have another reason for wanting to break the lease. They also brought the roaches with them into the re-hab'ed unit.

I would find out what the real reason is they want to break the lease.

To get rid of the roaches. You use MAXFORCE gel bait. 45 days and they will have no more roaches. Search up roaches in the archives here for many posts on how to get rid of roaches forever.

You have done everything within your power to make this apartment problem free. Done more than a lot of LL's would. I would not worry about the health department being called.

When you have snow on the ground have them put whatever of their possessions outside in the snow for 24 hours and the roaches will be dead. Small items they can put into their freezer for 24 hours like their clock radio.

Sounds like it's a money problem for them.

I agree with Josh. There must be another problem. I think you probably want them gone, as they would continue to be a problem.

And for roaches, stop the spraying and instead use roach gel, MaxForce or Combat. Combat is available at most big box stores, drug stores, etc. A $10 tube applied as directed (with NO bombing or spraying) will get rid of the roaches, but not instantly.

We all k n o w that they are lying scumbags. Even a few $ 1 spray bottled from the Dollar store would help against cockroaches, once one targets problem areas like the bathroom and kitchen.

"A galon of chemicals"? Come on! Reid 5 gr cartridges help me against mosquitos for 12 hours. They are full of it!

But they will damage your unit, continue to have unauthorized pets and make your life miserable. It's the old blackmail. Give us X, or we will harm you by doing Y and Z.

In similar situations, I had my truck's wind screen broken. So it boils down to you. Q: are you willing to see who blinks first?

This is a terrible time for a vacancy.

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Do you know a LL Association of a LL friend in town? You need help and a witness.

Start documenting what was said. any witnesses to that? Then get rid of the dog!

Take this as opportunity to re-think your business, as I wouldn't dream of accepting pets for a silly $ 75 one-off fee.

Q: you got that moving in report back?

Fear not - with oyu paying a professional exterminator twice they better think of some other excuse. This is ridiculous! A judge will laugh them out of court.