Legal Question in Landlord & Tenant Law in California
infestation of mites in apartment
My appt is infested with mites. I believe the not visible to the naked eye started in the appt. Now they are in my cabin. They are crawling all over me, all over the appt. I cannot sleep, my boyfriend is taking care of the cabin. We are staying apart as his treatments are ahead of my. We have on 2 occasions stayed at a hotel--he has gone to urgent care.
1) If they cannot correct the problem, can I break the lease
2) Are they responsible to pay for the mite clean up
1 Answer from Attorneys
Re: infestation of mites in apartment
Contact your local health department, and have them send out an inspector. His/her report is important.
Send a certified letter to landlord regarding the problem (return receipt, keep a copy). Give him 3 days to clean up, or exterminate, whatever it takes. Also, tell landlord you are breaking the lease and suing for damages if not corrected, plus costs for urgent care and hotel.
If health report agrees with you, and landlord doesn't correct, the lease is broken.
Be careful if the health department, and or building inspector don't issue a report concerning mites, you may not break lease.
If you need more, e-mail, or call, my office.
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