Legal Question in Landlord & Tenant Law in California
i have recently found out i have hantavirus as a result of mice in the house i live in. i have cleaned repeatedly and before i contracted the virus i told the landlord about the mice but he hasnt taken any action to remedy them. roughly a week after i told him to do something about the mice i got sick and didnt know why. i tried to get better (thinking i was just sick with a cold) but resting made me sicker; due to the fact that the mice were defecating and urinating in my bedclothes and room whilst i slept. it has now been 2 weeks that i have been ill and today i found out i have a severe case of hantavirus that could have killed me any one of the times i "passed out' for two to three days. i am now forced to leave the premesis and seeing as how i cannot find cheap rent anywhere else, am forced to live in my car: hindering my ability to find employment or education. can i sue the landlord, seeing as how i have pictures of the rodent feces and proof of my infection with the hantavirus, as well as the fact that i nearly died on several occasions during my "recovery". (the period of time i spent in my room before seeking medical treatment) i cannot live at his property and it is hindering my quality of life greatly as well as endangering my future. do i have a case for legal action and if so, should i sue for compensation for detriment to quality of life or what do you suggest?
2 Answers from Attorneys
You need to consult with a local attorney who handles tenant right matters, possibly even a personal injury attorney. It would be irresponsible to give you an opinion based on a few lines of information on this post, but certainly there may be grounds to pursue damages from the landlord. There is certainly enough here to justify your spending the time to find a tenant rights or personal injury attorney in your area and review the matter with he or she. Good luck with your situation and illness - it sounds terrible and I do encourage you to consult someone local as soon as you can.
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You also need to involve your local health department and get them to inspect. No matter how good your evidence, your case is very weak for breaking the lease or getting damages unless you have a health dept. citation against the owner. There is a statute that greatly limits tenants rights regarding health issues in their units unless and until that citation is issued.
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