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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5674
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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August 15th I moved into a new apartment. I was forced to due

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August 15th I moved into a new apartment. I was forced to due to a roach infestation in my previous apartment. I was too nice about it, the problem had been on-going for months. Now as I'm thinking about the over $2000 the move cost me, could I sue my previous landlord for damages? I'm in California.

Leslie, Esq. :

Welcome and thank you for your question. I will be the professional that will be assisting you.

Leslie, Esq. :

the landlord is required to maintain the rental property in a sanitary and habitable condition.

Leslie, Esq. :

Did the landlord take any steps to rectify the situation?

Leslie, Esq. :

Are you on line with me?

Customer: He did, I had called several times and the exterminator came out several times. It wasn't until the last month I was there until he got aggressive about it. The final straw was when I came home from a business trip and I had over 35 roaches in my hours. I told him I was out of there, could not see out the lease, which was until Sept 15th. My question is is would not have moved were it not for that. He held me to 30 days despite the problem, I had to pay overlapping rent and the only concession is that he reimbursed me for the last week of rent I paid because he got someone else in there.
Leslie, Esq. :

Sorry the site did not show on line. Thank you for the clarification. That is disgusting and I am sorry that you had to deal with the situation.

Leslie, Esq. :

You can certainly bring an action against the landlord. The court will look at whether he did anything to rectify the situation.

Leslie, Esq. :

It sounds as though he made a lame attempt to deal with the situation.

Leslie, Esq. :

Under California Civil Code §1942, you have the right to sue for damages

Customer: It was a really lame attempt. Would this be through small claims? Can I do this 3 months after the fact?
Customer: That's what I would like to be reimbursed, my damages.
Leslie, Esq. :

Yes, small claims would be ideal for this type of matter.

Leslie, Esq. :

This is a great link if you are not already familiar with it



http://www.dca.ca.gov/publications/landlordbook/index.shtml

Leslie, Esq. :

The roaches caused a "constructive eviction" forcing you to move.

Leslie, Esq. :

forcing the necessity to relocate

Customer: No, I'm not, thank you. Will this inform me as to how I get my evidence together, what I will need, and a couple of months later won't be a problem?
Leslie, Esq. :

The suit you will file is a breach of the warranty of habitability

Leslie, Esq. :

It is just informational.

Customer: Ok. And include that roaches caused constructive eviction.
Leslie, Esq. :

Yes.

Leslie, Esq. :

This is a link for small claims court self help information



http://www.courts.ca.gov/selfhelp-smallclaims.htm

Leslie, Esq. :

The site provides forms and links

Customer: I understand this is only informational. But it gives an idea if I have a case to go forward with. I don't want to waste mine or the courts time.
Leslie, Esq. :

The above link assists you through the process

Leslie, Esq. :

Do you have any additional questions for me?

Customer: No. You've been very helpful. Do you have an opinion if the court would think I have a case? You may not be able to answer that - so thank you for the links. I'll do my research from here. Thank you.
Leslie, Esq. :

I hope so. You can never tell with a judge.

Leslie, Esq. :

Thank you for using JA! We appreciate your business. Please feel free to return to this question at any time to ask me any follow up questions that you may have with regard to this matter.

Attyadvisor and 2 other Real Estate Law Specialists are ready to help you
Thank you.

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