Legal Question in Real Estate Law in California

Re: tenants rights due to vermin

I will give you the post I made to a similar inquiry recently:

If the rental premises are uninhabitable, but can be repaired, then you have the right to repair it at the landlord's expense - if the value of repairs is less than one month's rent. The landlord is not permitted to retaliate against you or evict you because you did this, and if he tries, may be liable for a lot of damage. 30 days is considered a reasonable period of time after notice. Notice to repair can be oral, but there are always problems of proof here. Best to give another written notice.

Under Civil Code 1942, if you have given oral or written notice to the landlord [written is better proof] to eliminate the pests, and he does not do so, then you may elect to fix the problem yourself and deduct the cost of repairs from your rent [if the repair is less than one month's rent], or vacate and terminate the tenancy if landlord fails to repair. This is a valuable right, and may give the tenant an opportunity to terminate if you act within the statute. Get a copy of Sections 1941-1942 off the internet or at a local library.

You may also want to file a complaint with the local official [Dept of Health, Building Dept, etc], and the California FEHA. Public agencies are helpful if they act, but may require periodic voice activation toward them for the best results.Good luck.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: tenants rights due to vermin

Wayne gave you a great answer. However, as I recall the cost can not exceed one month's rent and you can only do it every twelve months.