Can I break my lease if the apartment I moved into was infested with fleas on day 1 of the move-in?

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Within 5 minutes of stepping through the door of my apartment on day 1, my movers and I all noticed the place was infested with fleas. I immediately notified the manager and was told to put everything in the kitchen and they would 'bomb" the place. The management then “bombed” every other day for a week. The fleas STILL REMAIN. I have had to pay for hotels 3 of the past 7 nights. I have been told by pest control companies, that this process can last months, that I must use borax in the carpet and vacuum daily for at least a month to get all of the eggs etc out. I can’t do this. I told management to move me to another unit that is pest free, or let me out of my lease. Their response was “NO”. Does the "implied warranty of habitability" apply here and how can I be released from the lease?

Attorney Answer

1
Roger Moss ·
Your landlord is insane not to help you with this situation. They should be resolving the problem and compensating you accordingly. Get a tenants rights attorney or other resource to help you. Plenty in Oakland. You could tell your landlord you are willing to mediate the conflict through SEEDS in Berkeley, if in order to avoid court.
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