Legal Question in Landlord & Tenant Law in California

Re: CA implied warranty of habitability. I leased my apartment and had roaches on move-in. The infestation became severe within the first 7 months, despite repeated pest control treatments. I also had electricity issues, lost all use of my stove/range and did not have lights in my bathroom. I finally sat down with management and insisted that they repair the electrical/lighting, get rid of the bugs and make a nominal reduction on rent for the last few months of my lease. The adjustment was made for two months and during this time, the manager was fired. The new manager was present during my meeting with them, but chooses to "not remember" the agreement. They now refuse to adjust my lease. I only paid the reduced amount for this month. I still have roaches, though the infestation has gotten better, and they have just posted a 3-day pay or vacate notice on my apartment. Does the presence of roaches breach the implied warranty of habitability? Do I have any solid legal recourse?


Asked on 4/05/13, 3:54 pm

1 Answer from Attorneys

In order to safely withhold rent, you need to have the local authorities declare the property not legally habitable. Without that, you are at a huge disadvantage if the landlord files an unlawful detainer action. Pay your rent, call code enforcement or whatever agency handles the situation, and get them to "write it up" before holding rent. Also after the write-up, unless the property is "red-tagged" as an immediate hazard to life or health, you have to give the landlord 30-days to remedy it before holding rent.

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Answered on 4/05/13, 4:18 pm


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