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Unsafe Living Conditions
Cockroaches

Discovering a couple of cockroaches on your kitchen counter can quickly escalate into a major issue, as their numbers can multiply within days. Cockroaches, known for rapid reproduction, can produce hundreds of offspring annually, thriving even in clean homes by hiding in unseen spaces. Standard treatments like sprays and traps often fall short.
It’s crucial to file an official complaint with your landlord if you encounter an infestation. While landlords might downplay the issue, they are legally obligated to address it. In California, severe pest infestations can make apartments uninhabitable, requiring landlords to take corrective measures.

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Damages From a Cockroaches Infestation

A Cockroach infestation can have a substantial impact on both your well-being and property, leading to:
  • 1. Physical symptoms resulting from Cockroaches: Cockroaches can carry and spread bacteria and germs. Their droppings and salivia can caus E.Coli, salmonella, typhoid, urinary tract infections, digestive problems, and sepsis. People with compromised immune system are especially in danger.
  • 2. Destroyed personal property: Infested items are often damaged beyond repair, necessitating replacement, which can be a significant financial burden.
  • 3. Pest control costs: The expenses associated with hiring professional pest control services to address and eliminate the infestation.
  • 4. Hotel or other rental costs: If the infestation forces you to temporarily vacate your home, the costs of alternative accommodation during treatment.
  • 5. Lost sleep and elevated stress levels: The emotional toll of dealing with a cockroach infestation, including disrupted sleep patterns and increased stress.
While certain aspects of the impact may be challenging to quantify in monetary terms, Giragossian Law can assist you in comprehending your case and pursuing legal action to recover damages. If you believe that filing a lawsuit could be a viable solution to address a infestation problem in your California rental home, don’t hesitate to consult with Giragossian Law today for guidance and support.

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Dealing with Cockroach Infestation

When contending with a cockroach infestation, it’s common to feel overwhelmed, frustrated, or even fearful. The process of eliminating cockroaches is both time consuming and costly, and navigating through pest control, insurance claims, and landlord issues can compound the stress.
Despite the challenges, you are not alone. As a victim of a Cockroach infestation, you possess legal rights, and we are here to safeguard them. An experienced habitability attorney can provide the assistance you need to secure support and compensation that aligns with your rights and addresses the challenges posed by a cockroach infestation.

The Implied Warranty of Habitability

In California, the implied warranty of habitability is a legal guarantee designed to ensure that your rental unit remains habitable. Landlords are obligated to maintain the premises in a safe, operational, and livable condition, requiring them to address and rectify any issues as necessary.
  • 1. Self-remediation and rent deduction: You might have the right to remedy a problem yourself and deduct the associated costs from your rent.
  • 2. Move-out without financial consequences: : In certain circumstances, you may be entitled to move out without facing financial penalties.
  • 3. Legal recourse through a lawsuit: If necessary repairs are not made, you may have the option to pursue legal action against the landlord to seek compensation.
These rights exist to safeguard tenants and ensure that living conditions meet a reasonable standard. If you find yourself in a situation where your rental unit is not being properly maintained, it’s advisable to consult with a legal professional to understand your specific rights and options under the implied warranty of habitability in California.

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The Implied Warranty of Habitability

Under California law, landlords are typically given around 30 days to address an insect infestation. If there has been no response from your landlord or if a Fumigator hasn’t visited your apartment within this timeframe, it becomes crucial to take steps to ensure your apartment is a safe living space
If a cockroach issue persists beyond the 30-day period following an official complaint, here are some options to consider:
  • 1. Take independent action: You can hire a professional exterminator to address the problem. Ensure that the treatment cost does not exceed one month's rent, and retain the receipt to deduct the cost from your rent.
  • 2. Notify the appropriate governmental agency: : Reach out to the relevant governmental agency in your city to report the issue and seek assistance.
  • 3. Consult with a tenant rights attorney: Contacting an experienced tenant rights attorney is advisable to assess your options and formulate an effective plan of action. Incorrectly executing the "repair and deduct" approach could result in significant financial losses.
For comprehensive guidance on your rights concerning cockroach infestations, it’s recommended to consult with a professional attorney from Giragossian Law. We may be able to assist you in navigating this challenging situation, ensuring habitable living conditions are maintained.

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Frequently Asked Questions

Can I break my lease because of Roaches
In California, tenants may have the option to break their lease if the landlord fails to provide habitable living conditions, including addressing issues such as a cockroach infestation. Here are some key points to consider:

17920.3. Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.

Landlord Responsibilities:
Under California law, landlords are obligated to offer habitable living conditions, which includes ensuring the property is free from vermin and pests, such as cockroaches. Before breaking your lease, it is essential to notify your landlord in writing about the cockroach infestation. Provide them with a reasonable amount of time to address the issue. The concept of a “reasonable amount of time” can be subjective. Typically, it is advisable to give the landlord sufficient time to address the problem, and if they fail to do so within that timeframe, you may have grounds to terminate the lease. Breaking a lease has legal and financial implications.

Before taking any action, it is recommended to consult with an attorney or a tenant advocacy group. They can provide specific guidance on your rights and options as a tenant in California. If you are facing a cockroach infestation and considering breaking your lease, reaching out to legal professionals can help you assess whether you have a viable case and understand the potential consequences of such actions.
Document everything: Take photos and videos of bed bugs or bites, and keep a record of all communication with the landlord. This evidence can be crucial later.

Notify landlord/property manager: Contact the landlord in writing (email is best) promptly, detailing the issue with supporting pictures or videos.

Seek medical treatment: If bitten or experiencing symptoms, seek medical attention. Keep records of medical treatment, as it can serve as evidence.
A lawyer can help you seek compensation for your injuries, covering medical expenses, lost wages, emotional distress, displacement from your home and other related costs.
If you’re a renter and have suffered injuries from bed bugs, consulting a bed bug lawyer is crucial to understand your rights and potential liabilities.

Here’s why:

Landlord Negligence: A renter may have a case against the landlord if they can prove negligence or a failure to take reasonable care in controlling bed bugs. Landlords are responsible for maintaining a safe living environment and inspecting rental units for signs of infestation.

Several factors influence liability, including whether the renter was aware of the bed bug issue and took reasonable steps to address it. Courts also consider if the landlord was aware of the infestation and took appropriate measures to remedy it.

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