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The lease states that there will be no ants inside the house and owners will spray for ants. Is this cause for a broken lease?

Anaheim, CA |

There is an ant infestation in the house not due to food but coming out from the ceiling electric outlet. Can I op out if my lease with getting my safety deposit back in full because the lease has been breached?

Attorney Answers 2

  1. I assume you mean "security deposit." Ask your landlord to spray. The recent wet weather may cause ants to come into your unit. IMO, a single event of ants in your unit is not grounds to break your lease.

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  2. No, not likely. While the landlord has a duty to provide a habitable premises, an ant infestation would probably not constitute sufficient grounds for you to terminate your lease and move out without financial consequences to you. The landlord would be entitled to deduct from your security deposit for any unpaid rent, per Civil Code section 1950.5. You should advise your landlord of the ant issue and allow a reasonable time for the landlord to take care of it.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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