Legal Question in Business Law in California

I am renting an apartment and have been receiving bug bites while sleeping. After trying to take care of the problem personally I called the rental company to have them send an exterminator. They claim that the exterminator did not find anything, so they did not fumigate or spray. I then tried to sleep there again and received bug bites still. I have been waiting 2 weeks for the rental company to send another exterminator and have not been able to sleep at my apartment. I asked them to pro-rate my rent and they refused. Who would I talk to to file suit to receive a monetary reimbursement for not being able to stay at my rented property? Is this a fight that I could win, or at least have the strength to use as leverage to get them to pay? Thank you.


Asked on 6/22/10, 3:29 pm

2 Answers from Attorneys

To win that fight you're going to have to get the health department to come in and find an infestation. Without a citation from the health department it is almost impossible to win a rent abatement case for a condition like that. You will also have to be able to prove that the bugs are caused by some condition of the building, and not something that inadvertantly came into the apartment on your belongings.

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Answered on 6/22/10, 6:45 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Contact the Health Department and see if they will conduct an inspection. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/23/10, 6:19 am


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