CA Tenant Rights - Insect Problem

[Pellegrino1470]

Hi all,

My partner and I live in the SF Bay Area. Our apartment has had a roach problem three times in the last year or so. Every time, we have contacted the landlord, and have had to move everything out while they fumigate the apartment. The problem goes away for a few months, only to come back later.

We would like to break our lease because we are sick of moving our stuff in and out of the apartment. However, there is a two-month rent penalty for early termination which we cannot afford.

I am wondering if there is any way we can break the lease without paying this absurd break-up fee. I understand that the landlord has a general duty to keep the apartment clean. While the insects have been a tremendous pain, I don't know if the pest problem rises to the level of "uninhabitable". At the same time, three different incidents seems to be a little ridiculous, so I feel as though I must have some rights.

Any and all advice would be helpful. Thanks!

 

[zddoodah]

When you spoke with the landlord about terminating the lease early without an early termination penalty, what response did you receive?

Also, which city are you in (it makes a difference because many SF Bay area cities have rent control laws that may be relevant)?

 

[Gail in Georgia]

"I understand that the landlord has a general duty to keep the apartment clean"

I believe even by California standards, you're reading this ass backwards. It's the tenants who have the general duty to keep the apartment clean.

Your problem is that each time you have contacted the landlord they HAVE attempted to address the issue. The argument that they have fumigated the rental unit three times over the past year would appear to clearly indicate they have made a valiant attempt to address this issue. They may, however, be as sick and tired of you as you are with this bugs and if you discuss the matter of leaving with them they may be glad to terminate your lease.

Gail

 

[adjusterjack]

I am wondering if there is any way we can break the lease without paying this absurd break-up fee.

Probably not.

While the insects have been a tremendous pain, I don't know if the pest problem rises to the level of "uninhabitable".

It doesn't. LLs don't want to spend the money on regular pest control so they only do it when somebody complains and then it's too late.

Roaches have inhabited the planet before humans and will inhabit the planet long after humans are extinct. If you want to be roach free, do your own spraying. Find a local DIY Pest Control store and buy the concentrated chemicals that the professionals use along with a 1 gallon sprayer. You'll spend a few bucks, but it will be a fraction of your lease breaking fee, and you'll be able to spray the perimeter of your apartment on your own schedule and the roaches will go elsewhere.

Self preservation is nobody's business but your own.

 

[FarmerJ]

Years ago I used a roach spray that was also designed to disrupt the breeding -egg laying cycle which the instructions did say could take up to 3 months to get the job done since eggs had to hatch and the babies would mature as the part of the spray that killed the live ones also began to fade. SO treating the problem your self is one way to address it so you can get the roach population down enough to reduce the odds of bringing them to a new place with you when you finally do move out. it appears to me that the bigger problem here is that your LL is also not treating the entire building each and every time OR you have neighbors who refuse to cooperate with the LL and are making it easy for roaches to re invade other units .