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Can I request to pay less in rent if a pest problem keeps me out of my apt?

San Leandro, CA |

I notified management of a mouse being seen in my unit on 9/29. I set two traps on 9/30. They called a pest control company and an inspector came out on 10/5. A return visit was made on 10/7 because I wasn't pleased with the service provided (they looked in only a few places before setting traps). I've checked the traps daily and still nothing. I haven't slept in my apt for over two weeks. Can I pay less rent for the following month seeing as September has already been paid?

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Attorney answers 1


It appears the landlord, by virtue of the management company, is making a good faith effort to remedy the situation. If the landlord was not making a good faith effort to fix it, depending on what provisions are in your lease, you might be able to use the "repair and deduct" remedy.

If you unilaterally make a lower rental payment next month, you could be in breach of your lease and your landlord could serve you with a 3 day notice to pay or quit.

Please be advised that we have no attorney-client relationship and that this should not be considered legal advice. You should hire an attorney to ensure you follow the provisions in your lease and the applicable landlord/tenant statutes.

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