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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38237
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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MY DAUGHTER LIVES IN CA, BURBANK, AND SHE GOT AN ANTS

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HI, MY DAUGHTER LIVES IN CA, BURBANK, AND SHE GOT AN ANTS INFESTATION ON SUNDAY, THE APARTEMNT COMPLEX AFTER NUMEROUS CALLS DECIDED TO FUMIGATE THE APARTMENT, AND STATET THAT MY DAUGHTER HAVE TO DO THE CLEANING OF THE APARTMENT AND ALSO THE WASHING OF HER CLOTHES, THE WHOLE APARTMENT WAS INFESTATED, AND SHE COULD NOT LIVE THERE FOR 5 DAYS, SHE NOW WANTS TO LEAVE THE APARTMENT AND BREAK THE LEASE, THEY STATED THAT SHE WILL HAVE TO PAY 2 MONTHS RENT FOR THAT, HOW CAN SHE NOT PAY THE PENALTY? AS THE APARTMENT WAS INHABITABLE DUE TO THE ANTS
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: BURBNAK , CA 90068
JA: Has anything been filed or reported?
Customer: THERE HAS BEEN E-MAILS, SERVICE REQUESTS ON THEIR SERVICE PART OF THE APARTMENT SITE, AND SEVERAL PHONE CALLS
JA: Anything else you want the lawyer to know before I connect you?
Customer: BASICLY, IF SHE CAN LEAVE THE APARTMENT, AS SHE DOES NOT FEEL SAFE, DUE THAT ON SUNDAY SHE WAS COVERED WITH ANTS, AND BREAK THE LEASE WITHOUT PAYING THE PENALTY

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.

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Did they cure the infestation with the fumigation?

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thanks

Barrister

Customer: replied 1 month ago.
THEY JUST FUMIGATED TODAY, BUT THEY DO NOT WANT TO CLEAN THE APARTMENT AND IS FULL OF ANTS, EVERYWERE, FLOOR, CUPBOARDS, FRIDGE, CLOSET ETC, AND SINCE THE ANTS WERE COMING IN FROM THE BASEBOARD, WE DO NOT KNOW IF THE FUMIGATION WAS EFECTIVE, BUT DUE TO HER WAKING UP WITH ANTS ALL OVER HER BODY, SHE IS AFRAID TO SLEEP THER AND THAT THING HAPPENING AGAIN
Customer: replied 1 month ago.
WELLS FARGO STOPED THE CARD PAYMENT DUE TO SECURITY REASONS, I HAVE CLEARED YOU SITE FOR CHARGES
Customer: replied 1 month ago.
WELLS FARGO STOPPED PAYMENT FOR SECURITY REASONS, I HAVE CLEARED YOUR SITE AND THE CHARGES....THE CARD WOILL GO THROUGH NOW
Customer: replied 1 month ago.
ARE YOU GOING TO CALL ME?

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

If the fumigation didn't cure the infestation, then that would make the dwelling uninhabitable and she would have legal grounds to terminate the lease and vacate and then demand any prorated rent and her deposit back assuming she had nothing to do with the infestation. If they refused to refund her money, she can sue them in small claims court under a breach of contract claim.

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She just needs to take lots of photos of the place and the ants for documentation purposes so she has proof of the conditions when she vacated if she has to sue them.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister

Barrister and other Legal Specialists are ready to help you
Customer: replied 1 month ago.
ONE OF THE LEASE CLAUSES STATES THAT TO BREAK THE LEASE SHE HAS TO PAY A PENALTY OF 2 MONTHS RENT. IF SHE TAKES THEM TO SMALL CLAIMS COURT BUT LEAVES THE APARTMENT BEFORE THE COURT DATE, DOES SHE HAVE TO PAY THE PENALTY BEFORE THE COURT DATE AND IF SHE WINS THE CASE SHE WILL GET REINBURSED, OR CAN SHE MOVE OUT AND WAIT UNTIL THE COURT DECIDES IF SHE IS LIABLE FOR THE PENALTY.

DOES SHE HAVE TO PAY THE PENALTY BEFORE THE COURT DATE.

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No, the point of suing them would be to get out of the lease due to their breach of contract in failing to provide a habitable dwelling.

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Customer: replied 1 month ago.
THANK YOU VERY MUCH, I WILL PASS THIS INFORMATION TO HER. I APPRECIATE YOUR TIME AND TROUBLE. IT WAS A PLEASURE TO HAVE YOUR ADVICE

You are very welcome. Happy to help any time.

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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 caption and the JustAnswer employees will get it to me.

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