Legal Question in Landlord & Tenant Law in California
Can I end a lease based on an ongoing rat issue, since the end of September until now? The landlord has been involved in handling the problem. It wasn't until December that an exterminator was called. We were trapping the rats and the landlord would dispose of them. We have had 12.
2 Answers from Attorneys
To end a lease over habitability issues, without risking being sued for breach of the lease, you must get a health department citiation and the landlord must not comply with it for thirty days.
Take a picture of the rats, the rat drippings, and make sure that all of your correspondence with the landlords is in writing. Keep a copy of all of your correspondence. Document everything before you ask your landlord to let you out of your lease due to the rat infestation. If your landlord refuses to let you out of your lease and you need an attorney, please give me a call.
Make sure that your landlord puts it in writing if he does let you out of your lease.
Also, in writing, when you ask your landlord for his agreement that the lease may be terminated, ask for a pre-move out inspection so that you can make any corrections to the premises in order that the landlord will return all of your security deposit when you move.