Can my tenant withhold rent for civil code violation?

Question

My last tenant owes me for two weeks rent. He claims that I did not provide a safe environment in violation of California Civil Code re. the free of vermin wording.

I dropped off my cat at the house without a flea collar because the cost of a collar was very expensive. I then left on a trip.

He states he awoke to a bed full of fleas. He did not want to use a bomb because he said they are toxic and ineffective. He used mechanical controls and said they were gone after 3 weeks.

I feel that he should have used the bomb and been done with it. If I take him to court can he prove this ever took place? Is he not still liable for the rent?

Wayne Brooks · Answer

You're going on a trip, but can't afford a flea collar.......

Julie Falen · Answer

Who determined there was an infestation?  Per CA Civil code - and you should look this up -

(12) Infestation of insects, vermin, or rodents as determined by a

health officer or, if an agreement does not exist with an agency

that has a health officer, the infestation can be determined by a

code enforcement officer, as defined in Section 829.5 of the Penal

Code, upon successful completion of a course of study in the

appropriate subject matter as determined by the local jurisdiction.

Did your tenant have the "vermin" looked at or determined by a code enforcement officer?  If not, you can tell him he does not have a right to damages or to withhold rent and you don't court to do it. But there is also a flexibility required with tenants and keeping them happy -especially if  you brought in the fleas.  As a tenant I  would be upset, too  Is he otherwise a good tenant, pays on time, doesn't give you many hassles?    I say hire an exterminator - flea powder is useless, and almost nothing gets the eggs and chalk it up to a poor call on your part not getting a flea collar, which costs about $15.

David Dachtera · Answer

@Celeste Cuervo,

In retrospect, the cost of the flea collar might have been cheaper than the hassle.

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."- DJ Benedict

Brian Nangle · Answer

I am just confused about why somebody would drop off their cat at one of their properties while they went away for vacation, without coordinating with the tenant?

Shannon Wright · Answer

Did the tenant give notice of the nuisance and allow you to cure it? Or does the tenant claim it existed and resolved while you were away?

Did the tenant agree to watch your pet for you while away? Seems odd to have a tenant watch a landlord's pet.

Celeste Cuervo · Answer

The house belongs to me but I am now residing elsewhere. The tenant is only renting a room. They did not object to the cat.

Shannon Wright · Answer

@Brian Nangle I believe the cat created the pest problem, with the pests being the fleas.

Landlord/Tenant law does allow the landlord a "reasonable" amount of time to cure the problem before the tenant can withhold. That is subjective, in my opinion, given the origin of the nuisance is allegedly your own cat,  and may have to be decided by a judge if you want to hold firm on the matter.

If the place was truly inhabitable during the infestation, the tenant always has the right to vacate until it is resolved, this is when renter's insurance could have possibly helped.

Brian Nangle · Answer

I think the initial problem was a pest problem if i am not mistaken.  Dropping off your cat to take care of vermin seems like a terrible way to handle a pest problem.  Not sure about the legal ability of a tenant to withhold rent in California but based on some info in your post, if your going to be unreachable for weeks while traveling i would think you should have left some contact information for someone with the ability to resolve problems for your tenant.

Celeste Cuervo · Answer

I could not be reached for a couple of weeks while traveling. When I came back I vacuumed and used a flea powder because he refused the flea bomb. It was not totally resolved when I was away. Flea eggs continued to be a problem.

My usual cat-sitter would only come to this house as mine was now outside their travel radius. There was no agreement with the tenant.

Jeff B. · Answer

Let's just deal with mutual obligations.

• You expect the tenant to pay rent and pay on time
• By renting the unit, you implicitly promised to provide a 'habitable space'

In Calif, this means you WILL have hot water, heat, bathroom and a roof that does not leak.  It also includes free from Pests. Most strangely YOU induced the pests with your cat - - big mistake.

If the tenant gives notice of a problem and you respond in a timely manner and fix the problem, they can not withhold rents.  If you delay or do not resolve the issue at all, the tenant can post rents to an escrow account until you do resolve the issue.

Can my tenant withhold rent for civil code violation?

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