Landlord Failure to Exterminate – Your Right to Sue Your Landlord for Failing to Maintain the Warranty of Habitability
All tenants have a basic right when it comes to the rental properties that they live in – they have a right to live in rental apartments and homes that are habitable and, in a nutshell, safe to live in. In practically every state in the U.S., there is something called the implied warranty of habitability. This warranty, whether it is explicitly stated in a rental contract or not, makes landlords responsible for keeping their rental properties in a habitable condition.
A number of conditions in rental properties can make the properties inhabitable. One of the most common conditions being pest infestations. When infestations are present, landlords must address them before any tenants move in. If they become aware of infestations after tenants have already moved in, they must also take action to address the infestation in most cases. If your landlord has failed to exterminate any pest infestation in your rental, your rental apartment or home could be considered inhabitable.
If your landlord failed to maintain the warranty of habitability by failing to exterminate, then you might have grounds to pursue a claim against your landlord. For more information about your legal options, you should seek legal assistance as soon as possible.
At Downtown L.A. Law Group, our attorneys have experience handling all sorts of claims, including claims surrounding landlord-tenant issues, like the failure to keep rental properties free of any infestations. Our lawyers are ready to help you file your claim and help you reach the best outcome possible.
Do not hesitate to contact us today.
About the Warranty of Habitability
The warranty of habitability is described in California’s Civil Code 1941.1. It states that landlords have to ensure that their rental properties meet a number of conditions to keep the property in a habitable condition. One of the conditions that must be met is that the property must not have any vermin or insects, including any rats, mice, bed bugs, roaches, etc. In other words, landlords have to ensure that their rental properties are free of any infestations. If they are aware of infestations, they must act quickly to exterminate and get rid of the infestation.
An Exception to the Warranty of Habitability
If the infestation is a direct result of the actions of the tenant, then the landlord might not be responsible. Although a landlord should still address the infestation as soon as possible (as soon as he or she becomes aware), he or she might not be responsible for any costs – on the contrary, the tenants will be likely responsible for all costs.
Possible Pest Infestations in Rental Properties
Some of the most common pest infestations that can be found in rental properties throughout California include the following:
- Roaches
- Rodents (like mice and rats)
- Spiders
- Ants
- Bed bugs
- Termites
- Fleas
- Birds
The Dangers of Pest Infestations
Depending on the specific types of infestation, the possible dangers that they present to tenants could be different. For example, bird infestations could expose tenants to bird-related diseased and parasites that could lead to a number of complications. Similarly, bed bug infestations could lead to bed bug bites, infections, scarring, significant mental and emotional harm, and property damage. Spider infestations can lead to dangerous bites that could potentially be life-threatening. Termite infestations could lead to allergic reactions and sometimes asthma.
Regardless of the specific infestation that you are dealing with in your rental property, you and your family are likely to suffer harm due to exposure.
What Can I Do If My Landlord Breached the Warranty of Habitability and Failed to Exterminate Pests?
If your landlord failed to exterminate pests, it is very likely that you and your family suffered some degree of harm – including physical harm and mental/emotional harm. By breaching the warranty of habitability and failing to exterminate a pest infestation, your landlord made your rental property inhabitable. What does this mean? Besides being able to take legal action against your landlord for the harm resulting from the infestation, you could also take action for the uninhabitable conditions.
For more information about the legal options available to you and your right to take action against your landlord, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.
Can I Recover Compensation?
If you decide to file a lawsuit against your landlord, you could have grounds to recover monetary compensation. What could you be eligible to recover? How much could you recover? The specific type/amount of compensation that you could recover will be based on the details surrounding your lawsuit.
Potentially, you could be compensated for the following:
-
Medical costs
- Lost wages
- Pain and suffering
- Property damage
- Relocation costs
- Punitive damages
- Legal fees
For more information about the compensation that you could potentially receive if your claim is successful, do not hesitate to seek legal assistance with the experts at our law firm immediately.
Contact Downtown L.A. Law Group Today
At Downtown L.A. Law Group, we are more than ready to handle your claim against your landlord for the failure to exterminate the rental property and for any harm that you and your family suffered as a result of the failure to exterminate. Our lawyers are ready to provide you with the guidance that you need to file your lawsuit and fight for your rights to a fair recovery.
We offer free legal services here at our firm, which include free consultations and free second opinions. During these legal services, our lawyers will be available to answer all your questions and address all your concerns – our experts will provide you with all the information that you need to either start or continue your claim against your landlord. If you are ready to benefit from these free legal services, contact our firm today.
We offer a Zero-Fee guarantee – you will never be required to pay any upfront costs for our legal services. In addition, we work on contingency. This means that you will not be required to pay anything until after winning your claim. If you don’t win, you won’t pay anything.
If you are ready to speak with our failure to exterminate lawsuit attorneys, contact our firm today.
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