South Dakota Lease breaker?

Question

My friends recent signed a lease for an apartment, then discovered that it was infested with cockroaches. The landlord never mentioned them before they signed, and has done next to nothing to deal with them. Apparently he left fumigation bombs there but didn’t use them, so my friends are going to have to bomb the apartment. He also never actually notified them that he left them there (they have not yet moved in) there is also 2 other apartments in the unit, so bombing the 1 wouldn’t solve the infestation entirely. Can my friends get out of the lease?

Ryan Folk · Answer

If I were in their situation I would document everything and include date and time and photos. Contact the landlord in writing and inform them of the situation in a factual non-confrontational way and withhold payment until the situation is remedied. (They are still responsible for the rent but can hold payments it until the situation is remedied). I would also communicate to the landlord that I would expect the situation to be handled by the landlord as "I'm not an expert in infestations and I know that you would want this handled in the most efficient/ cost effective way."

Alexander Johnson · Answer

Sounds like a jackass, I’d get a free consultation with an attorney and then just mention you have spoke to your attorney. That may be enough to get him to take care of it.

Kelly Arganbright · Answer

Update: my friends just bombed the apartment, and discovered that it also has fleas, ants, and carpet beetles