Legal Question in Real Estate Law in California

We recently moved into a home in the Chula Vista area and were not informed prior to moving in of an infestation in the home. The home is infested with rats (not mice, RATS).

The landlords have done nothing to alleviate the situation. There are 3 children in the home (ages 6, 4, and 1). Due to allergic reactions we are unable to continue in the home without some action being taken.

Since moving in a few months ago we have had to get rid of furniture which has been chewed into and inhabited by the rats.

Is there any way for us under these circumstances to leave the current living situation and recieve the security deposit back, as no action has been taken by the landlords in addressing our issues. Our calls and requests have gone unanswered.

Thank you very much.


Asked on 8/17/09, 4:44 pm

1 Answer from Attorneys
Nina Ortega

Rats in the rental are a violation of the implied warranty of habitability in California. Follow the link below for more information from the California Department of Consumer Affairs:

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

For information about how to resolve the issue, go here:

http://www.dca.ca.gov/publications/landlordbook/resolve-problems.shtml

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Answered on 8/17/09, 4:51 pm


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