Legal Question in Landlord & Tenant Law in California

Cockroach Infestation

We live in a townhouse complex and have found a lot of cockroaches. Our complex came to spray and told us that this wouldn't necessarily kill the cockroaches and would not kill the eggs whatsoever. They said they'd come back in a week to lay traps, which he also said might not kill the cockroaches and would take a while if it did. However, he never returned. We couldn't use our kitchen, livingroom or diningroom because the infestation spread. We packed, moved and filed a claim with the complex's attorney asking to be released from our lease without penalty. Their attorney denied it on the basis that the complex solved the problem. This is far from true. There are still cockroaches in the apartment and neighboring tenants have the same problem. Even if the complex continued to spray it wouldn't solve the problem because of the eggs and cockroaches in the walls. We've spoken with the attorney via e-mail and on the phone. Over the phone we were yelled at and hung up on while asking questions, stating our case and clarifying the problem. We were told we did not have basis to break the lease due to CA State Law. Should we have to live with a cockroach infestation? Or do we, as tenants, have the right to be released from our lease?


Asked on 7/06/07, 6:31 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Cockroach Infestation

First, contact your local health department, or building inspectors. They will send an investigator.

Next, notify landlord by certified mail (return receipt) of the cockroaches, and tell him you will either "repair and deduct" or withhold rent.

You can also report the attorney to the State Bar for his unprofessional conduct.

As of right now, you probably don't have enough to break the lease, but you have more than enough to get rid of the cockroachs and the pesky attorney.

E-mail me for more details. Good luck!

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Answered on 7/06/07, 7:23 pm


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