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breaking a lease, ****roaches

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rizzorob

Junior Member
What is the name of your state (only U.S. law)? CA

Here is my story: I signed a lease on 7/14. On 7/15, in the evening, I saw a single ****roach. A few minutes later, there were more (5). I called my landlord first thing the next morning (I am not yet moved into or sleeping at my new apartment) and alerted him of the situation. He said that he would re-imburse me for any expenses to removed the bugs, but that he would only pay for half of the cost of a professional.

After talking to the neighbors (3 month tenants) I discovered that they have been battling with him for 2 months. Shortly after they moved in, they discovered that their apartment was infested with ****roaches.

I believe that my landlord is in violation of California Civil Code section 1942- that the apartment is not habitable. I simply asked that he return my deposit, and allow me to break my lease. I am willing to pay for the five days that have passed since I signed the lease.

He is offering to let me break the lease, but telling me that I am responsible for any monies lost by not having a tenant. I realize that this is a common situation when a lease is broken, but I believe that the apartment is inhabitable- I do not believe that I owe him for more than the days when I held the keys for the apartment.

Any thoughts on how to proceed?

Thanks,
Rob
 


sandyclaus

Senior Member
He said that he would re-imburse me for any expenses to removed the bugs, but that he would only pay for half of the cost of a professional.
That's kind of funny. He is claiming he will reimburse you for everything if YOU pay, and only pay half if HE has to do it. Either way, since you have not yet taken possession of the rental unit, it is 100% the LL's responsibility. Why should you have to pay ANYTHING for his failure to maintain?

Contact the health department or other authorities ASAP and get an inspector out there to look at both your unit and your neighbor's units right away. In addition, write a strongly worded letter to the LL, certified/return receipt requested, stating that the presence of roaches is considered a violation of CC 1942, and that you are informing him of his responsibility to provide a pest-free rental unit. Let him know that you have already contacted the proper authorities to report the unsanitary conditions created by the roach problem, and that you expect him to fulfill his duty to maintain the property or release you from your lease without any further liability.

Once the inspector has come (and likely cited the LL for the roaches), they will give him a specific amount of time to prove that he has done something to correct the violation. Absolutely DO NOT move in until you can be assured he is taking care of his business.
 

Searchertwin

Senior Member
Sandy, Sandy, Sandy, again having tenants jump the gun to call in inspector.
This just causing the tenant a lot of trouble from day one.
She needs to send crr letter first to LL and give him time to respond.
I have told you this over and over.


First, tenant has to realize that no amount of pest control will eliminate a roach problem. He can only treat. Who is to say he hasn't had it sprayed?

Of course, tenants thinks that they see a "bug" they think it is the LL fault.
Not one thinks they could possibly be the culprit that brings them in.
She said, "I signed a lease on 7/14. On 7/15, in the evening, I saw a single ****roach. A few minutes later, there were more (5). I called my landlord first thing the next morning (I am not yet moved into or sleeping at my new apartment)."
So all day and evening she has not moved a single thing. She just entered and admire. Do you really believe that? Who is to say that her purse carried in one?

LL cannot guarantee a "pest-free" place. Unless he is God and I know that is not the case.
If LL can provide that he has already treated the place, than she is out of luck. It is his option to respray or not.
According to other tenants, which I assume she found one to agree with her, she stated, "Shortly after they moved in"
So at first sight, there was none. A few days there were none. It was "shortly". A small word but a big impact on the situation.

I'm not for certain that the roaches waited to see what type of people moved in to show their appearances. But maybe they brought them in. Whose to say?

Advice - send crr to LL in request to spray for bugs and ask when last time place was sprayed and if it been 6 months plus, ask him to treat again. You are not obligated to pay half, you have not lived there. When you do live there and there is a continuing problem than it is YOUR place to pay.
Even the LL cannot guarantee that you will keep place clean from food particles or dirty dishes laying around to avoid roaches.

Can you break your lease? No - You have to see if LL has already sprayed or time has past and what he is willing to do. THAN you go and seek another route.
 

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