Legal Question in Civil Litigation in California

Adopt a kitten.

The landlord is responsible for that problem unless you did something to attract the mice. Write Coldwell ask them to cite the part of the lease and/or the law or case decisions that support their position and if them have none then it is logical for the owner of the property to prevent disturbance of the tenant's right to quite enjoyment to have to eliminate the problem, especially since it is a problem in the structure of the building and not the space occupied by the tenants. Tell them; that if something in not done within the reasonable period of time of one week from when you first notified them of the problem, you will assume that the owner has no intention of resolving the problem and you will spend up to one month of rent to try to handle it

Mr. Stone's flippant remark, and Mr. Shers' biased opinion notwithstanding, you actually have a tricky problem. If you were in an apartment building, it would be an entirely different story and Mr. Shers would be correct. In an apartment, vermin have to pass through common areas, that by law should be secure from vermin. So, unless you have attracted the vermin through accumulation of nesting materials, rubbish, or accessible food sources, the landlord is responsible. A house is different. With a house that is delivered vermin-free, the presumption shifts to the home-renter being responsible for letting the vermin into the dwelling. The landlord must provide a vermin-secure perimeter to the structure, but that is it. Mice and rats are amazingly good at sneaking in through open doors, or even open windows if there is landscaping within jumping range. So unless there is a defect in the structure providing a point of ingress/egress for the vermin that can be identified, the tenant is responsible. I rented single family homes out for over 15 years, and had several rat infestations over the years. I always had a pest control company come out, identify the problem, solve it and then sorted out who paid. In one case, they found a spot where the rodents had burrowed under a shallow spot in the foundation into the basement. I paid to have that space dug out, cemented over, and the rats eradicated. Every other time, I found that the tenants living habits had let the animals in and they had stayed, including one family of rats that nested in the insulation of the kitchen range (dog food left on an open porch was the number one culprit). In those cases I billed the client. One refused to pay. They lost the unlawful detainer, the appeal, and paid my attorneys fees (I'm never so foolish as to represent myself). So my advice to you is make a determination how the mice arrived and why they stayed before you try paying for eradication and withholding rent, otherwise you may find yourself on the street with a hefty attorneys fee bill on top of it all. If there is a problem with the structure that allows the vermin in and out, however, point that out to the managers, and let them know you will report it to the health department if they don't get the openings closed and the mice out. If you report it to the health department and the owners still do nothing, you will acquire all kinds of rights and remedies you would never have without the official citation, to and including moving out and charging the owner with all your moving expenses.

My suggestion to adopt a kitten is based on personal experience and is not in the least intended as "flippant." Litigation isn't the answer to every problem. From time immemorial house cats have been shown to be 100% effective in ridding mice from homes without the cost and environmental degradation associated with pesticides -- and they also provide love and companionship which may improve your physical and mental health.