Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Mar 2014
    Posts
    1

    Default Breaking a Lease Due to the Presence of Rats

    My question involves landlord-tenant law in the State of: California

    My wife and I rented a small house in Orange County. The lease was for 1 year. Shortly after moving in, we found that the house is infested with rats living in the attic. We immediately notified the landlord on January 24. We agreed with the landlord via email to hire a pest control company to address the problem. The pest control company came out several times to patch holes, set traps in the attic, and clean up the mess. Unfortunately, their efforts did not resolve the problem. We know this because we could hear the rats chewing, scratching and running around in the attic at night. On one occasion I had to climb into the attic myself and crawl through rat feces and urine to retrieve a dead rat which was stinking up the entire house.

    After putting up with this for about a month, we decided to move out. As I understand it, if a property is "untentable" then California Civil Code section 1942 gives us the right to "vacate the premises, in which case the tenant shall be discharged from further payment of rent". On February 23 we notified the landlord via email that we were moving out. We sent her the keys through the mail with a letter informing her that we moved out. The keys and letter were delivered to her on February 28 and I have a certificate of mailing.

    We have been in touch with the landlord since moving out because I emailed her and asked her to reimburse us for the money that we paid to the pest control company. She did reimburse us with a check that we received on March 7. However, it has now been more than 21 days since we moved out, and she has not returned our security deposit or provided us with a written explanation for withholding it. I emailed her yesterday to ask for the deposit, and she replied today indicating that she has been out of town and would "take care of it" tomorrow.

    In light of the above facts, I would like to get advice on the following questions:

    1. Since the landlord has blown the 21-day time limit for returning my deposit or providing a written explanation for withholding it, how good is my case for a "bad faith" retention by the landlord? What elements are required to prove "bad faith" on the part of the landlord? I understand that if the court determines there was bad faith then I could potentially be awarded my deposit plus damages in the amount of twice my deposit.

    2. California has an implied warranty of habitability and it seems that a rat infestation may be a breach of the implied warranty of habitability. If so, would I then be entitled to a refund of all rents paid plus my moving expenses? I paid rent for the month of February and a partial month's rent for January.

    I haven't quite decided what I'm going to do here. If the landlord voluntarily returns my security deposit without any more trouble, I may not pursue the matter further. However, if she refuses to return my security deposit then I will almost certainly file an action in small claims court. What are your opinions on how I should proceed?

    Thank you for your advice. This has been an extremely stressful situation for me and my wife. We've never dealt with a problem like this before and were really surprised at how it took over our lives.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Moved Out Because of Rats

    Quote Quoting ds61761
    View Post

    1. Since the landlord has blown the 21-day time limit for returning my deposit or providing a written explanation for withholding it, how good is my case for a "bad faith" retention by the landlord? What elements are required to prove "bad faith" on the part of the landlord? I understand that if the court determines there was bad faith then I could potentially be awarded my deposit plus damages in the amount of twice my deposit.
    I'm not going to take the time to read the statute but I seem to recall that it defines "bad faith."

    Did YOU read the statute?

    If not, then read it. It's Section 1950.5 at:

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Quote Quoting ds61761
    View Post

    2. California has an implied warranty of habitability and it seems that a rat infestation may be a breach of the implied warranty of habitability. If so, would I then be entitled to a refund of all rents paid plus my moving expenses?
    I think not.

    You paid for a place to live and you lived there.

    The house is not "uninhabitable" if you are still living in it.

    If you paid rent through the move out date you don't get that back.

    As for your moving expenses, I have no clue how a CA court would look at it. But if you sue for your security deposit you might as well add in everything else and let the judge decide.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Moved Out Because of Rats

    1. We can't guess what a court might decide regarding this matter. However, since it's only 2 days after the 21 day deadline and IF the landlord "takes care" of the situation tomorrow it is unlikely you would be awarded twice your deposit should this end up in court.

    2. Again, we can't guess how a court might decide regarding this matter. The landlord would argue that once you contacted them regarding the rat situation, a pest control company was contacted and came out several times to attempt to address the situation.

    Wait and see what happens regarding the return of your security deposit.

    Gail

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Moved Out Because of Rats

    Your problem is the landlord was trying to remedy the problem. You assumed control over directing the activity. You failed to do it, then moved out claiming in habitability caused by your failure to remedy the issue. I do not see you prevailing in any court action. Further if CA law does not bar her doing so, I would foresee you being charged until the property is rented again.

    1. Sponsored Links
       

Similar Threads

  1. Repair and Maintenance: Breaking a Lease Due to Presence of Mold
    By nastc1 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-13-2013, 07:56 PM
  2. Breaking a Lease: Lease Agreement Signed with Previous Management, Breaking Lease Consequences
    By briadams in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-23-2012, 11:10 AM
  3. Breaking a Lease: Can You Break a Lease Due to Presence of Rodents
    By achi in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-27-2011, 08:00 AM
  4. Rental Agreements: Breaking Lease Renewal Before Lease Term Begins
    By rindsight in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-12-2011, 01:46 PM
  5. Rental Agreements: Breaking A Lease And Lease Option Amid Possible Foreclosure
    By bryankb30 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-05-2008, 08:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources