What are my rights if my apartment has rats?

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What are my rights if my apartment has rats?

What can I do about this problem. Do me and my family have to live in the place while the traps are sitting around?

Asked on October 3, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The landlord does have to take reasonable steps (e.g. traps; hire an exterminator; etc.) to address the rat problem, since a pest or vermin infestation would violate the "implied warranty of habitability," or the obligation that the premises  be fit for their intended purpose (residence). However, the landlord only has to take reasonable steps, not extraordinary ones; since it is reasonable for people to reside in an apartment while there are traps--and traps are a reasonable way to deal with rats--the landlord may lay out the traps and does not have to pay for you to live elsewhere. You could of course pay out of your own pocket  to stay in a hotel or elsewhere.


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