lease termination

[btkn]

Our landlord has been aware of our townhouse mice problem for over a month. He sent us this ineffective outlet plug device, and mice are still running rampant. Just in the past several wks, we've baited about a dozen. My pregnant wife who's due in about a month is totally grossed out, upset, and wants healthier living conditions. Besides the mice, there are actually several other reasons for us wanting out to include larger accomodations -baby plus new family member helping to care for baby. We notified him about the unresolved mice problem and our intention to move and end the lease. He doesn't agree to the termination and finally offered exterminator service. Too late in my opinion...already signed a new lease. I've contacted an official in Hawaii who's knowledgeable in landlord/tenant codes and he thinks we legally have a right to terminate our lease due to health hazards that mice present. Additionally, our lease states that "the landlord must reside on the island where the property is located" and he's not!

Would appreciate a second opinion, thanks.

 

[LL]

It is dishonest for you to try to terminate the lease based on the mice, if your real motivation is larger accomodations
-baby plus new family member helping to care for baby. If you are caught in court, it will go badly for you.

In California, the landlord is responsible to turn over premises vermin-free, but if he does that, tenant is responsible for problems that he brought on.

The landlord's offer to provide an exterminator sounds very reasonable to me. He may claim that he did not have appropriate notice in order to cure the problem on your time schedule, and he may be successful with that argument.

 

[djdj]

I agree if you wife wasnt PG, you would have a better case.