Do you have a cockroach problem and your landlord is not taking the steps to correct it? Then you need to contact a California cockroaches and bed bugs lawyer today: 866-548-6137
California law can protect you if you have a cockroach problem in your apartment. For many people, cockroaches are a source of squeamishness and even horror. They multiply quickly, hide in all kinds of places and create an unsanitary living space. If you’ve seen even a single cockroach in your rental, chances are there are many more.
Dealing with cockroach infestations generally requires expensive professional help.
Once you advise your landlord of a serious issue, like a cockroach infestation, he or she should take steps to correct the issue within a reasonable timeframe. If they don’t, you may have to explore your options for moving out or getting your rental unit treated for the bugs.
You have the right to a habitable space if you’re paying rent.
Can I Not Pay Rent if I Have Roaches?
No, you cannot legally withhold rent due to a cockroach infestation in your rental unit. However, your landlord is responsible for maintaining a habitable living space, which includes addressing pest issues like roaches. You should notify your landlord in writing about the infestation and allow a reasonable timeframe (usually 30 days in California) for them to remediate the issue. If they fail to take action, you may have grounds to hire an exterminator and deduct the cost from your rent, withhold rent in an escrow account, or potentially terminate your lease without penalty if the unit is deemed uninhabitable.
Whose Responsibility Are The Bugs?
California law makes it clear that landlords have a responsibility to their tenants to maintain a habitable home.
Generally speaking, the continued presence of pests, such as cockroaches, bedbugs, or rodents makes a dwelling unsafe for habitation. Your landlord is required to address issues with pests in your rental once you report the issue.
Unfortunately, many California landlords will do anything in their power to avoid spending money on the maintenance or upkeep of their properties.
That could include ignoring issues with cockroaches or other infestations or attempting to force tenants into paying for insect remediation. You don’t have to accept a failure to act on the part of your landlord. There are several options available to you.
What Is the Implied Warranty of Habitability?
Under California law, the implied warranty of habitability is a promise that your rental unit will be safe and livable. Under this warranty, landlords are required to provide safe premises that are in working condition and fix problems as they arise. The implied warranty of habitability exists even if it’s not explicitly included in your lease.
Generally, insect infestations render a rental unit uninhabitable. Your landlord has a duty to address and remedy the issue.
California Tenants Can Make Repairs or Even Withhold Rent
In order to establish that you’ve reported the issue to your landlord, you should report the cockroach issue in writing, as well as by talking with your landlord. Failing to immediately address a cockroach issue causes the infestation to grow. Retain a copy of the letter for your own records. That way, you have proof that your landlord was aware of the issue and failed to act. Some tenants may need to report the infestation to their landlord several times. Upon notice of the issue, California law requires landlords to address an insect infestation within 30 days.
So long as you have proof of the issue (such as photos or a report from a pest control company) and proof of your attempt to inform your landlord, and you allow reasonable time for repairs/pest eradication, you have some options available to you.
If you believe substandard conditions of your rental compromise your health or safety, you can abandon the rental by moving out before your lease is up.
Generally speaking, the courts will not hold you accountable for any remaining rent beyond the date of abandonment. Contact an attorney to help you get out of your lease properly and get your security deposit back without being responsible for any future rent left on the lease. If the cockroach infestation in your rental unit caused adverse health issues, you have the right to sue your landlord for your damages.
Alternatively, you may choose to hire professionals to handle the extermination of your unit. Provided that the costs aren’t more than one month’s rent, you can hire someone to correct the issues within your rental and deduct the amount it costs from your rent.
In cases where the costs are extreme, you may also consider holding your rent in escrow until your landlord addresses the infestation. In order to properly do so, the full amount of rent must be deposited into a special account and untouched until the issue is resolved.
Contact a California Cockroaches and Bed Bugs Lawyer
Riley | Ersoff LLP has recovered millions of dollars for tenants against landlords who have ignored bed bug infestations or who were negligent in their efforts to resolve bed bug infestations.
If you and your loved ones have been treated unfairly and are living with bed bugs because of a landlord’s negligence, contact us online or call us today for a free consultation at 866-548-6137.
Tell your landlord enough is enough!
We will get you the compensation that you deserve for the pain and frustration that you have suffered.
Grant Riley
Grant Riley is a sophisticated, proactive, and aggressive attorney with 35 years of in-the-trenches experience litigating complex, big-money disputes. Grant is every landlord’s worst nightmare. He has prosecuted hundreds of slum housing, lead poisoning, carbon monoxide poisoning cases and other complex personal injury cases against greedy slumlords and their insurers. Grant, his partner Victoria Ersoff, and his team of lawyers at Riley | Ersoff LLP are responsible for collecting more than $100,000,000 on behalf of hundreds of low income, immigrant, inner-city tenants and others who had no other options and nowhere else to go. If you’ve been harmed, injured, abused or ignored by a landlord, a greedy corporation, or their insurance company, call us. We’ve got the smarts, the experience, and the drive to help you get exactly what you deserve – justice.
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