Can they ask us to leave if we threaten that? 4 Answers as of September 26, 2013

My apartment has a complex fumigation once a week (it's been 5 weeks since this started so 5 times) for pests (intense fumigating, taking food and dishes out of the kitchen and taking everything out of the bathrooms and covering everything with plastic). I got really frustrated with them and told them I'm going to call the health department. We just renewed our lease.

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Law Offices of George H. Shers | George H. Shers
No, you can not be evicted for such a report, unless it is spurious.
Answer Applies to: California
Replied: 9/26/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
If you do contact the health department, then the landlord is prohibited from retaliating against you. Threatening to call the health department is not sufficient. It would seem likely that there is some significant problem, and that the landlord to spending money on this intense fumigation problem as a result of having been ordered to do so by the health department, so your complaint may not go too far.
Answer Applies to: California
Replied: 9/24/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
They can't evict you for calling the department of health but you have no complaint the department will deal with?
Answer Applies to: New York
Replied: 9/24/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
The landlord tenant act requires your landlord to maintain a regular program for the control of pests and rodents. It appears that what they are trying to do is comply with the law. However, if the fumigation is as intense as you indicate, and is performed in what seems to be excessive, then you might have an issue to resolve. You can call the health department to check this out further as such excessive treatment may be an indicator of a larger problem. In Washington, if your landlord threatens to evict you for seeking to enforce your rights, it is considered to be unlawful retaliation under the landlord tenant act. The landlord would have to prove that they are evicting you for some other legitimate reason, otherwise they would be liable for the unlawful retaliation against you. If you contact the health department and receive any notices from the landlord, you should contact an attorney right away to ensure your rights are protected.
Answer Applies to: Washington
Replied: 9/24/2013
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