Sacramento, CA asked in Civil Litigation, Contracts and Real Estate Law for California

Q: Signed a lease and moved into a new rental last week. Kitchen was not cleaned. What can I do?

There is roach droppings, dead bugs in the cabinets, stuck on droppings and grease in all the corners. I submitted a maintenance request but I still havent heard back.

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear your LL treats tenants this way. It happens. you have rights. If I were you I would tell them that you want this cleaned within 24 hours or you will hire your own cleaning company to have them give the apartment a cleaning and deduct it from your next rent payment. Under California Law, a tenant is entitled to "repair and deduct" but only once during the term of the lease. Civil Code 1942.

The fact that this has lasted beyond a week and is in the area of food preparation, as opposed to say, the garage, is patently UNREASONABLE. Most of the time 30 days is considered reasonable but this appears to be special circumstances.

An alternative is to tell the LL that they are in breach of the lease and you want a refund on your moneys deposited with them so you can move out and go somewhere else. But I would not do that if you are not prepared to search again and move again.

Take photos of the filth. They may be evidence if you have to go to court.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear your LL treats tenants this way. It happens. you have rights. If I were you I would tell them that you want this cleaned within 24 hours or you will hire your own cleaning company to have them give the apartment a cleaning and deduct it from your next rent payment. Under California Law, a tenant is entitled to "repair and deduct" but only once during the term of the lease. Civil Code 1942.

The fact that this has lasted beyond a week and is in the area of food preparation, as opposed to say, the garage, is patently UNREASONABLE. Most of the time 30 days is considered reasonable but this appears to be special circumstances.

An alternative is to tell the LL that they are in breach of the lease and you want a refund on your moneys deposited with them so you can move out and go somewhere else. But I would not do that if you are not prepared to search again and move again.

Take photos of the filth. They may be evidence if you have to go to court.

You can consult an attorney that deals with Landlord/tenant issues for a more complete discussion.

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