Do I have to pay my rent if my apartment is ROACH infested?

Asked almost 4 years ago - Chino, CA

I live in Ontario, CA and my nieghbor apartment and mine are ROACH infested...we've told the landlord/owner and she just ignores us...to make matters worse I found a ROACH in my babies crib this morning, I called her again and she she can't do anything...

but she comes around every first of the month to pick up her rent...what can I/we do...can I break my apartment contract for this???

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    21

    Answered . It depends upon the extent of the infestation. A single roach won't do it. You might be able to get out of the lease if the apartment is truly uninhabitable. Take a look at
    http://www.dca.ca.gov/publications/landlordbook...
    and
    http://www.dca.ca.gov/publications/landlordbook...

  2. David Wendell Seal

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . You should request in writing that your landlord correct the problem, and describe for the landlord in that writing the health and livability concerns you have.

    In the event the landlord still does nothing, you can pay to have a problem fixed, then deduct it from your rent payment. Landlords don't like this approach typically and it could result in an eviction dispute.

    Or, if the apartment is truly unlivable, there is a legal doctrine of constructive eviction, which you could assert. If the premises are not fit for habitation then you probably have a basis to get out of a lease. You should consult an attorney, and provide the attorney with your lease agreement, before you do anything.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,471 answers this week

3,289 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,471 answers this week

3,289 attorneys answering