Can I break the lease because of bed bugs if exterminators have already tried to clean the apartment?
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Can I break the lease because of bed bugs if exterminators have already tried to clean the apartment?
I’m subleasing my apartment over the summer while I’m out of state. My subletters informed me that there was an inspection done and that bed bugs were found in our apartment as well as other units in the building. The exterminators came yesterday to clean the apartment, but only after having shown up and leaving 3 times without cleaning over the course of a few weeks. Can I break the lease even if action has been taken already by the landlord?
Asked on August 5, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Most likely you will be unable to break your lease with your landlord over the bed bug issue with the apartment you are subletting to another person this summer. You have lived in the apartment with no problems with bed bugs. However, you sub-tenant has a bed bug issue. The bed-bug issue arose under your sub-lease and your landlord made efforts to remedy the situation apparently without success.
Perhaps it is your sub-tenant that caused the bed bug issue.
In California, there are laws about the landlord providing safe and habitable rentals. The landlord appears to be making efforts to resolve the infestation. Bed bugs in and of themselves do not create a condition under California law warranting the breaking of a lease unless the health department deems the situation so bad that an order for removal of habitants is issued.
So far this has not occurred.
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