Legal Question in Landlord & Tenant Law in California

Los Angeles, Calif. - Can I break my lease? six months into a 12 month lease. Apartment has roach infestation. 3 previous attempts ( 1 general spraying, 2 professional fumigations done by management) have yet to cure the problem. We even discover roaches in the apartment supplied refrigerator panels (this has yet to be remedied) Additionally the apartment now has fleas along with roaches. (we do not have pets, nor have there been any in our apartment since we've lived here. The management wants to try again, but I'm done...The fumigation gives me sinus problems, I'm forced to stay at friends places for awhile afterward, plus have to bag or move our belongings.. During the tenancy the health dept noted the roach problem for remedy. My question..can I just leave and not be liable for any other lease payments and receive my security deposit back?


Asked on 7/15/10, 2:15 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

If a problem is so bad that it makes the unit difficult to live in, then you may be able to claim that there has been a constructive eviction by the landlord and a breach of the lease by the landlord so you would only be liable for any damages you caused. Since you are forced to leave for a few days because it makes you ill and three efforts have not worked, you have a good argument that a constructive eviction has occurred. During the time you can not live there, the landlord owes you the price of a reasonable comparable rental, whether or not you stay with friends. Tell the landlord he is in breach, you can not live there any longer and as soon as you can find a place to move to, you will, and that he has to return your full security deposit. confirm that in writing.

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Answered on 7/15/10, 6:15 pm

You say the health department "noted the roach problem for remedy." Do you mean the landlord was cited for correction by the health department? If so, and it has not been remedied, you have a great deal more rights than if the landlord is not in violation of a citation. Take a look through:

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

for details.

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Answered on 7/15/10, 6:24 pm


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