Legal Question in Landlord & Tenant Law in California

We have a bed bug infestation and the landlord is threatening to raise our rent if he has to pay for the extermination. My body is covered in bites and we have two young children in the home. we are on a month to month contract.

Asked on 9/14/11, 2:50 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

The landlord is responsible for trying to eliminate the infestation and can n ot raise the rent, especially when you did not create the problem. You can withhold up to one month's rent to try to resolve a problem.. With his attitude, I would suggest you try to figure out how long it will take you to find a new place to live, add a little time to that period and give him notice that he has caused a "constructive eviction" of you by allowing a health problem to become very serious and make the unit unlivable and you will move out as soon as you can but by no later than X date, point out he has breached the warranty of habitability also, and that you will deduct the cost of getting rid of the bugs up to the amount of the next month's rent unless he does so within the next three days [the cost of fumigation should be wel under a month's rent; check to see if your neighbors have the same problem so everyone can chip in together to reduce the per person cost maybe].

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Answered on 9/14/11, 3:17 pm

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