Legal Question in Landlord & Tenant Law in California
My roommate and I moved into a new apartment two months ago. We signed a one year lease because the apartments were brand new and looked like a place we would enjoy being for the next year. We quickly noticed the apartment was infested with bugs however. I had the apartment manager come �bait� and when that didn�t work I had her send someone to �spray.� The bugs are getting worse by the day. They are in my dresser drawers, crawling on the walls, and all over the floors. I have tons of pictures and videos of the bugs. I want to terminate my lease because I cannot even walk on the floor without watching where I step. How can I successfully terminate my lease without having to pay the fees?
3 Answers from Attorneys
Contact your local health department. If the property has as bad an infestation as you say, they will issue a citation. If the landlord does not then clear the place of bugs within the time stated in the citation (generally 30-days), you will have the right to break your lease with no penalties, and may be entitled to relocation compensation.
He may not want to allow you to leave, or give you back your deposit, and you may need an attorney to write him a letter. I have dealt with this issue before.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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If the infestation is so bad as to make the place uninhabitable, then you could leave now on the legal theory of "constructive eviction"--the landlord has had adequate notice of the problem and it is so bad that a person can not really live their, especially for health reasons. You have a stronger case if their is a health department citation but do you really want to wait the thirty plus days for that. And what if it appears he has cleaned the place from the bugs, but 1-2 weeks later they reappear. I would suggest telling the landlord that you can not take it anymore and your health is endangered, so you are giving him notice that in 5 calendar days you will move out because of his/her breach of the lease.
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