How do I deal with the animal menace in my rented apartment that my landlord has been ignoring?

Full question:

I am living in a rented apartment at Davis, California. For the past several months I have had a ferret living in the attic that makes life difficult for me. I have been awakened several nights due to the racket that the animal creates. I had asked my landlord to get professional help to have it removed. All he does is to throw rat poison up into the roof which has been far from effective. How can deal with this menace?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: California

Answer:

Any kind of menace, be it bed bugs or animals, per the law in California, the landlord is supposed to take appropriate measure to deal with it engaging professional help. It is a duty of the landlord to maintain his rental unit up to a certain habitable standard. The implied warranty of habitability in law means that landlords must maintain livable conditions in a rental property. A pest or animal infestation is one of those things that will jeopardize that condition.
 
In situation of pest or animal infestation, a tenant has the following legal remedies available:

1. The tenant has the right to withhold rent until such time that the landlord takes appropriate measure to get rid of it.
2. The tenant may engage professional animal control or pest control personnel to get rid of the menace. Such expenses of engaging them can be deducted from the rent amount payable.

 
In none of the above circumstances can the landlord initiate any eviction proceedings against the tenant for non-payment of rent. The tenant has only exercised his rights. The landlord is prohibited from taking any such step by the Cal. Civ. Code § 1942.5. In cases where the pest or animal infestation has caused grave personal inconvenience, the tenant may also bring an action for personal injury for ignoring the request to remove the menace in time and causing mental suffering, anxiety, and loss of sleep.