Legal Question in Real Estate Law in California

My name is Ryan Banks. I just moved here from New Mexico. I rented an apartment on 101 West Locust from Myers and Eby Management. After I had stay there for two days I had noticed I had bug bites(about thirty) all over my body. I had no idea what was biting me. The third night I woke up from itching at 2 am. I tore everything off the bed and found a Bed Bug. I have never dealt with bed bugs. I called the number Steve Eby had given, turns out after he rented this apartment to me he left to China. I had told the lady ,Terry, that I had been getting biten and just had found a bed bug. She called Terminex and later the guy came by and looked around confirming that it was a bed bug and had seen evidence of prior Bed Bug infestation. He said he would come by in a couple days and spray. I heard that bed bugs are very hard to get rid of. I didn't want to deal with this headache so I packed up all my stuff and left. I had emailed Steve Eby and called him numerous times and received no response. I had called Terry and told her I was moving out and I delivered my notice of termination. She had called me a couple days later saying that Steve Eby had contacted her and told her to offer me an apartment upstairs that "had no bed bugs". I ended up not taking the apartment because being in the same building I was wary. Steve refuses to return any of my first months rent. I don't believe this is right. I was only there three days. Is there any legal action I can take?


Asked on 9/10/14, 8:31 am

1 Answer from Attorneys

No. You have to let a landlord make reasonable efforts to eliminate and pest infestation before you break a lease. You are in breach of the lease and may be held liable for all rent due until they can re-rent the apartment. If all they take is the first month's rent, they are being generous compared to what they are entitled to do under the law.

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Answered on 9/10/14, 9:51 am


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