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?

Asked over 1 year ago - 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. Michael Raymond Daymude

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more

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