CanI sue my landlord because of the roachesthat Ihave to live with?

Get Legal Help Today

 Secured with SHA-256 Encryption

CanI sue my landlord because of the roachesthat Ihave to live with?

I live in an apartment. When we were moving in the manager told us that they have waterbugs sometimes in the apartments. She forgot to mention the roach infestation and spiders.

Asked on November 11, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every lease has what's known as an "implied warranty of habitability," which is a term implied (added) to all leases--it's a condition of the lease--that the rental premises are fit for their intended use and purpose. For a residence, that means being safely inhabitable, and being safely inhabitable includes not having insect or other pest infestations. If your landlord will not take care of it, you could sue, possibly for an order forcing the landlord to do this, possibly for some monetary damages for the time you've lived with it. (An order forcing the landlord to take care of things is the most common recourse.) You first need to create a paper trail that you have sent written requests to the landlord (in some way you can track deliver) to fix the problem.

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

Answered 10 years ago | Contributor

What you have is known as a breach of the warranty of habitability.  That means that the apartment is not livable because of something.  Pests can be that something.  What you can do is to go down to court and ask to deposit your rent money in to the court until such time as the problem is taken care of.  It is sort of like suing your landlord to make the home livable.  The Court will then make sure that the problem is taken care of.  If it is not taken care of properly you can possibly ask the court to void your lease - which will let you out of the lease - and then you can look for another place to live.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption