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Can You Break a Lease Over the Presence of Mice

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  • 02-05-2017, 10:19 PM
    mattpaul
    Can You Break a Lease Over the Presence of Mice
    My question involves landlord-tenant law in the State of: California

    Hi experts,
    I moved into a condo a week back with a 12 month lease agreement. The kitchen cabinets were pretty dirty, on trying to clean up found a wooden plank under the kitchen sink and on lifting it, there was a lot of mouse droppings and a hole made by the mouse, so obviously, looks like the plank was kept on top to hide the hole and the droppings. I complained to the LL who came and used a broom to clean the droppings and put a few screws to fix the plank to the base and said its all good now and nothing to worry. There was more droppings in the rest of the cabinets as well, so requested to clean the same so that its usable, but he suggested just putting some liners on top so that food wont come in contact with the droppings. There is a foul smell in the kitchen as well, when complained, the LL said that i should have noticed this when i came to see the property, he said he cannot fix it. As of now, we use kitchen minimally.

    Now, two day later, we see some activity under the sink and suspected mice still there and requested for professional help, LL sent a pest control guy who came to set some traps and nothing was caught. However, the pest control guy said there are quite a few open holes for the mouse to come in and out. I got a video recorder to record mouse movements, got the videos today morning and sent it to the LL, now he says he will fix this ASAP and doesn't answer my calls anymore, he possibly will send the pest control guy again tomorrow.

    I live with my wife and 2.5 yr old son, i find this a risk (as mouse is in the kitchen) to our health and do not want to continue in this condo as there is pest already. My question is, as the LL did not provide me with a unit free of pest (and potentially hid the signs of presence of pest, knowingly or unknowingly), i feel like being cheating into renting this unit, is there a legal option for me to move out ASAP. I fear for the health of my son as he is always home, on the floor and sharing the same with mice definitely doesn't sound good, hence want to consider moving out immediately, may be i am over reacting, but i suppose i have the right to live without fear.

    thank you.
  • 02-08-2017, 10:25 PM
    Mr. Knowitall
    Re: Can You Break a Lease Over the Presence of Mice
    The presence of mice in your unit is a habitability issue, that your landlord should address in a prompt and effective manner. It doesn't matter if your landlord thinks you should have noticed the problem when you moved in -- he should have noticed it and fixed it before you moved in, and should fix it now that it has been brought to his attention.

    Your options are outlined in this article from the DCA. If the problem was not fixed with the most recent exterminator visit, you may want to start with your local government, to see if you can get the landlord ordered to fix the problem or the premises declared uninhabitable due to the infestation.
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