What to do if before moving to our new apartments we were presented with a beautiful model but insted got a rat infested, mold growing, roach city?

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What to do if before moving to our new apartments we were presented with a beautiful model but insted got a rat infested, mold growing, roach city?

I’ve also acknowledged that the trash is hardly ever put away and the owner can care less. What’s the best we can get out of this? I will not be scammed.

Asked on October 21, 2012 under Real Estate Law, California

Answers:

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

Answered 8 years ago | Contributor

It sounds as if there is a breach of the warranty of habitability here and that you need to start a proceeding against your landlord to fix the problems.  Yes, I know that you wish to break the lease but you need to go to court first and ask that they fix the issues and if they do not to void the lease.  The court will give them a chance regardless of what you want anyway. It is the first step.  Make sure that there is a specific plan in place for each problems and that you keep a journal of progress or no progress.  And make sure that the court sets a time frame for the fixing.  Good luck.  


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