What to do if I live in a complex and my apartment is infested with roaches?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I live in a complex and my apartment is infested with roaches?

I keep my apartment super clean. I have no idea where they coming from and I’m tired of them. I have a toddler and this is not healthy at all. I’ve spoken to the landlord many, many, times but he just seems not to listen to me. My concern is my son. I’m under a contract; if I wasn’t I would hve moved already.

Asked on October 9, 2012 under Real Estate Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are not at a point where you can break your lease, then you may have a couple of general remedies.  The first is called "repair and deduct".  This is where you send the landlord notice of the problem and of your intent to fix the problem if he does not resolve the issue.  If he fails to do so, then you can call and exterminator and deduct the expense for the pest control from your next month's rent.  Here is a link that goes into more detail on ways to send that notice:    http://www.dca.ca.gov/publications/landlordbook/index.shtml

You can try to resolve it this way until your contract is up and you can locate another safer unit.  If self-help does not work, then you may be able to break the lease for violation per an implied "warranty of habitability."  You can also request the assistance from code officials to help you have the apartment declared and health and safety violation.


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 with SHA-256 Encryption