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My family and I moved into apartments in citrus heights ca…

Customer Question
Hello, my family and...

Hello, my family and I moved into apartments in citrus heights ca in July of 2017, a couple months go by everything is fine until one morning i wake up to cock roaches in my kitchen. I let the complex know so they added me to their already scheduled eterminator appointment. We have seen roaches 3 times and have lived here for roughly 7 months. At least once a month they want me to clear all of our belongings out and place in center of each room for exterminator to properly spray.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Maintenance has kept up with everything we have needed fixed. I have to take a day off work each time they spray our unit. Is there any way to have rent lowered or maybe break our lease since they didnt mention the cock roach infestation problem ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Sacramento county in citrus hight California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i belive thats it, just want to know if we can lawfully break lease without being charged.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 10 minutes by:
3/20/2018
Lawyer: barristerinky, Attorney replied 4 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,017
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you lived there several months and only then began seeing cockroaches, then there was not an infestation when you moved in.. If there were you would have seen them immediately.

.

With that said, if the landlord is taking action to have exterminators out each time you see them, or you are on a regular extermination schedule, then the landlord is fulfilling his legal obligations to maintain the property and spray to try to keep the dwelling insect free..

.

But they should be notifying you at least 24 hours in advance of any entry for spraying so you could prepare in advance and not have to miss work to move things. If they aren't doing that, you can demand in writing that they give you at least 24 hours notice prior to any entry.

.

So to answer your question directly, I would opine that the landlord spraying on a regular basis would not give you legal grounds to terminate your tenancy without repercussions..

,.

Now if you were being overrun with roaches, as in they were everywhere, by the dozens or more, that would be different as an active infestation would give you grounds to terminate and vacate as being a violation of the implied warranty of habitability..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Ok thank you very much, we have about 4 months before the lease is up and we will be moving immediately after.
Lawyer: barristerinky, Attorney replied 4 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Lawyer: barristerinky, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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