Legal Question in Landlord & Tenant Law in California

Civil Code 1942

My boyfriend and I were supposed to move into our new apartment on August 29th. We had previously seen the apartment and it was fine. The day we got our keys we went to go check it out and there were cockroaches, alive and dead, all over. We called our landlord to let her know and we told her we would try to fog the place. We fogged the place twice and there were still many. We called her again and she came to check it out herself. She saw how horrible it was and she called Orkin (exterminator). They came out the next day (Wednesday). On Thursday, the landlord called and said that the maintenance was there and cleaning up and it was ok to move in. We called Orkin and they said it usually takes about 7 days to clear. We slowly started moving and for the first 2 days it was pretty clear except here and there. On the 3rd day and so on it got worse. We let the landlord know and she said there is nothing she can do about it. We tried to just ignore it for another day and it is really unhabitable when everywhere you turn around you run into roaches. We can't buy groceries or put out any of dishes because the cockroaches will get to them. I can't walk around barefoot in my own home without being paranoid We've called the landlord several times and she still says the same thing.We also asked to be moved into a different apartment permanently or temporarily, at least until they were gone and she has no vacancies. She also said that the Orkin people are schedule to come again on the 12th. Last night we saw a lot of baby cockroaches. I was told they are German Cockroaches. Today is Tuesday (the 6th day) and when we went in, it was horrible. We counted maybe 15 or 20 cockroaches and we took pictures of the ones dead AND alive. I want to know of any advice on how to go about speaking with the landlord again. I understand the Orkin people are coming in again on the 12th, but that also leaves more time for the cockroaches to get into all of our stuff and lay more eggs. I love the place and would like to move into another apartment or leave? What can I do?


Asked on 10/06/09, 2:46 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can't love the place if there are so many cockroaches. I sympathize as I had a similar situation when I lived in NY. The best bet is to pull up stakes. Any other apartment in the building would probably have the same problem. Included in every rental agreement is an implied covenant of quiet enjoyment. Although the roaches probably don't make noise, you certainly don't have quiet enjoyment. If you do relocate, make sure to lock your furniture in a truck or some other confined place and take measures to eliminate any hangers-on.

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Answered on 10/06/09, 6:50 pm


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