What are my rights if my apartment has rats?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my apartment has rats?

What can I do about this problem. Do me and my family have to live in the place while the traps are sitting around?

Asked on October 3, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord does have to take reasonable steps (e.g. traps; hire an exterminator; etc.) to address the rat problem, since a pest or vermin infestation would violate the "implied warranty of habitability," or the obligation that the premises  be fit for their intended purpose (residence). However, the landlord only has to take reasonable steps, not extraordinary ones; since it is reasonable for people to reside in an apartment while there are traps--and traps are a reasonable way to deal with rats--the landlord may lay out the traps and does not have to pay for you to live elsewhere. You could of course pay out of your own pocket  to stay in a hotel or elsewhere.


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