Q: What kind of rights do I have for early termination or is there any justified way for me to withhold first months rent?
Maybe to declare my property being leased unlivable. Here is some information about my situation: I moved into a house freshly painted. Did the final walk through for the lease, everything looked fresh and good to both me and the property manager. It’s been a month since I moved in and I have discovered that termites have chewed through the fresh paint coat and are now falling on my floor in several rooms of my house. my bed too. The holes I see through the paint look like it was just to cover an underlying big problem. My lease says something about having pest control. Here is that verbatim: Tenant shall pay for periodic pest control by the following service provider __as needed_. This obligation shall only be applicable if the premises is a houseand the periodic pest control treatment is being provided at the execution of this greement Agreement. The current cost of such treatment is $_per_. Price was blank What does this mean?
I would also like serious water problem.
A:
Based on the information you've provided, it seems that you have a strong case for considering your rental property uninhabitable due to the termite infestation and serious water problem. In California, landlords are required to maintain the rental property in a habitable condition, which includes addressing pest infestations and water issues.
Here are a few steps you can take:
1. Document the issues: Take photos and videos of the termite infestation, water problem, and any resulting damage. Keep a written record of when you discovered these issues and any attempts to contact your landlord.
2. Notify your landlord in writing: Send a written notice to your landlord detailing the termite and water issues, and request that they address these problems promptly. Keep a copy of this notice for your records.
3. Consider withholding rent: In California, you may have the right to withhold rent if the landlord fails to address habitability issues after being notified. However, it's essential to consult with a local tenant rights organization or attorney before taking this step to ensure you follow the proper procedures.
4. Early termination: If the landlord fails to remedy the situation, you may have grounds for early termination of your lease due to the property being uninhabitable. Again, it's best to consult with a legal professional to guide you through this process.
Regarding the pest control clause in your lease, it seems that the landlord intended for you to pay for periodic pest control treatments, but the cost and frequency were left blank. This clause may not be enforceable if the cost and frequency were not clearly stated and agreed upon.
In summary, you have the right to live in a habitable property, and the landlord is responsible for addressing serious issues like termite infestations and water problems. Document the issues, notify your landlord in writing, and consider seeking legal advice to protect your rights as a tenant.
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