What to do if I had to move out of my condo due to fleas?

I moved into a room in a house last week, paying month-to-month rent. I gave a $300 deposit and first month to move in. No lease signed (lesson learned). There are fleas in my room and the bathroom, and as far as I can tell, throughout the entire house. We’re doing our best to eradicate them but they’re only bothering me and not her or any of the other tenants. Since I have to move out emergently due to this problem, I can’t give 30 days’ notice. She’s now saying she can keep the entire first month’s rent. I know this isn’t right but need to be pointed toward the law that speaks to this, if there is one.

Asked on September 13, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to go down to landlord tenant court ans start ana ction for breach of the warranty of habitability.  Ask that the court to allow you to pay future rent in to court (since you need to give the 30 days you will still be liable) and for an abatement (reduction) of your first month's rent.  This will give you the forum to get the problem solved or to ask the court to end your lease now and get some of your money back.  Good luck.   

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