I have a young couple that has been in my home since last December, every quarter I do an inspection on the home to make sure everything is working etc. The first two inspections went well and the home was very clean. The home is one of the nicest homes on the street and is rented under market value for the area but the area is not great.

On Friday I get a call from them saying they are moving out due to rats in the house. I asked them when they noticed them and why no one told me before I get a notice they are moving. They stated about two weeks ago and they are running all over the house.

I was out of town so I went over on Sunday armed with about 120 dollars in rodent bait and supplies. I entered the home and looked everywhere and only found mice droppings in the laundry room. I put out bait everywhere including under the house and attic. I thought this would be good enough since I found little evidence of any mice or rats.

Now while I was in there I noted the brand new carpet had nasty stains everywhere and the hardwood floors looked like they had not been cleaned in a long time with stains on them. Today I get a notice to vacate the home on September 30th and they want all of their deposit back on that date. They hired a consumer advocate to help them and this is the letter I received from her below.

NOTICE IS HERBY GIVEN that because of the above dwelling’s condition and chosen remedy, substantially endangers the health and safety of the tenants and your failure to comply with your implied warranty of habitability by refusing to repair defects on the premises, in a proper and professional manger, as previously demanded of you, the undersigned tenant has elected to vacate the premises without penalty in accordance with California law.

A formal and final walk through is to take place on Sept 30, 2012 @ 3:30pm. The tenants will vacate the premises no later than September 30, 2012 by end of final walk through.

v The tenants waive their right to pro-rated rent reimbursement

v The tenants waive their right to reimbursement of property damage to personal belongings caused by rodent infestation and to relocation expenses.

It is expected that the tenants deposit will be refunded in full, due to zero damage beyond normal wear and tear to the property. Documentation is available for your review upon request.

It is requested, since the tenants are acting in good faith and waiving their legal rights, that the deposit be personally handed to tenants by end of final walk through on September 30, 2012 without prejudice.

If you have any questions or concerns regarding this notice, feel free to contact me. Thank you in advance for your cooperation in this matter.

On behalf of the tenants, M & J, we extend our sincere thank you and success in your future endeavors.

Today I called a name brand pest control company to inspect the property and take care of the problem. My question is since I am properly taking care of the problem do they have to honor the 30 days notice in my rental agreement and the up to 21 days to return the deposit?

I have a suspicion that since the wife got a better paying job they just want to move out now to a nicer area and want the money back now to move and there is no huge infestation.

Please help me with this as I have never had this problem yet.