Aliso Viejo, CA asked in Real Estate Law for California

Q: I've contacted my apartment complex 7 times about mice - their solution is traps in which are catching them daily

Can I withhold my rent from the apartment complex? They sent pest control in which they stated they could do "nothing" about it - I have records of contacting them to empty traps + pictures. I have young small children, in which I am extremely worried for our sanitary health.

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1 Lawyer Answer

A: Yes. You should contact your landlord in writing that you are going to withhold rent until the mouse problem is taken care of. If they threaten you with eviction, you can tell them that the mouse infestation has made the apartment unsafe and a health hazard, and that the landlord has "breached the warranty of habitability." I would pay no more rent, until they fix the problem. It is my guess that the mouse problem is in many of the adjoining apartments, and that is why they can't fix the problem. You should confirm this with your neighbors, and you might be able to sue the landlord.

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