What to do if state law and a rental agreement conflict?

Question Details:

State law outlines that extermination and pest control services are the responsibility of the landlordbut the rental agreement (already signed by tenants) states that the landlord does not offer extermination services. Bed bugs have been found in four rooms of the apartment, and when the landlord was notified, claimed that it is the tenants' responsibility to solve the problem, since we have lived here for so long without issues (a year and a half). Which document does this situation default to and what action should be taken next?

Asked 1/31/2012 under Landlord / Tenant | 156 View(s) | More Legal Topics

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Landlord / Tenant Law Answers

Hong Shen / Robert Law Group Answered 3 months ago | Contributor This attorney is licensed in California

Your state law always controls. Any conflict your rental agreement must fall or otherwise it runs afoul with state law.

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