? tenant breaking lease (CA)

[Yvette M.]

Received this email from a tenant today. I called the pest company and twice they have failed to show up to the unit. However, it seems that even with the "infestation" he is willing to live in the unit for another month. Any advice?:

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I would like to formally inform you of my intention to end our rental agreement at 12pm on September 15th, 2016. I'm citing california civil code 1942 due to an infestation of pests, which you have been notified of and have failed to rectify in a timely manner. There have also been several issues regarding unnatural noise from my neighbors, and odors from the garbage bins which are set too close to my entryway. I will be terminating all utilities on September 15th. I can be reached here or at XXX-XXXX for setting up an appointment for a walk through. You will receive a notarized copy of this letter shortly.

[Kevin Farrell]

I own a Pest Control business in Indianapolis. I see this all the time. Tenant makes a complaint of bugs biting. Pest control shows up but tenant refuses to let him in. Tenant complains that management isn't taking care of the problem quickly enough. Usually there are other complaints that are flimsy that are added to the list of reasons to let him out of the lease.

For my multi unit clients I do a free inspection to identify the problem. If tenant refuses me I call the office while standing right outside the tenants door. I request the manager to join me at the unit (if the manager is on site). That usually does the trick. These types of complaints are usually vague and not consistent with BB infestation. If I can not find evidence of BB in the unit, I suggest to treat the whole unit. I make this suggestion in front of both the tenant and manager. The manager always agrees and says do it immediately.

I see this pretty often in C and D apartments. Take the suggestion from others to inspect inside the unit. And spiders do not bite repeatedly . . .