Can I break my lease contractif there is a rat problem in my rental?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I break my lease contractif there is a rat problem in my rental?

We had a big rat in our apartment. We found the rat, rat poo, rat hair dish, and a big hole in bathroom.

Asked on March 16, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The answer is "maybe." You can definitely take legal action and you have enforceable rights; every lease incorporates what's called an "implied warranty of habitability," which is a requirement that the premises be safely habitable and usable for  the intended purpose--which in this case, is living there. (Even the implied warranty is not actually written into the lease, all leases are considered to include it.) This means that landlord *must* fix issues that affect health or safety--like rats. However, while this gives the tenant enforceable rights, so that he can seek a court order forcing the problem to be corrected, or sue for money damages, it doesn't give the tenant the right to terminate the lease until and unless the landlord has refused to correct the problem after being given written notice and a reasonable opportunity to fix the issue. Since breaking the lease prematurely can result in your being liable for the full remaining rent due under it, it is recommended that you consult with an attorney who can advise you as to how to safely enforce your rights and seek whatever compensation you are due.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption