Legal Question in Real Estate Law in California

Is the management of an apartment complex required in anyway to get rid of mice? They are everywhere and we have asked them before but they just blew us off and the mice are getting into our food and everything please help


Asked on 12/07/09, 3:22 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Civil Code section 1941 requires the landlord of residential property to place, and keep, the premises in a "tentantable" condition (i.e., fit for human occupancy) unless otherwise agreed. The following section, 1941.1, sets forth a basic list of conditions that render a building or unit untenantable. A subsection thereof, 1941.1(f), requires of the landlord as follows:

"Buildings, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin."

It's pretty clear from the wording, and cases interpreting this section, that responsibility for eradicating mice is divided between the landlord, where it has control of the situation, and the tenants, for mouse-attracting conditions under their control. Also, the cases make it pretty clear that just one or two mice don't constitute a breach of the lease for failure to keep the premises "tenantable," but if it's a serious infestation, and under the landlord's zome of responsibility, that's a breach of the lease, and the tenant has remedies that can include reduction in rent, money damages (if they can be proven), and termination of the lease.

Read more
Answered on 12/12/09, 9:32 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California