No Lease, Roaches...Please HELP! (rental, month to, tenants)

[renterinla]

Hi Everyone...I've found some valuable advice on this forum in the past and am hoping you can help me with an urgent problem I'm having right now.

I just moved into an apt, have spent only 2 nights there and have noticed a roach problem. The landlord let me move in a few days early (October 29th) but has not yet had me sign a lease, which would have been a year long lease starting November 1st. I gave him my first month's rent + deposit (900+700) and have receipts proving that I've paid these amounts. My things are still in boxes and I went to speak with him today about the roach problem. They sprayed and I was shocked to come back to the apt. and find quite a lot of dead roaches, eggs/casings and roach feces (gross, I know). I took pictures of the mess just in case.

My question to all of you is: Am I entitled to my rent and deposit back considering I never signed a lease, I've inhabited the space for only a couple of days, have receipts proving payment of those initial costs and want to move out as a result of vermin, not just because of a fickle mind change? Please advise... I need to act quickly! Also, I'm willing to offer the landlord a week of prorated rent as recompense for the time he lost showing the unit to other tenants when he thought I was going to sign the lease.

Thank you allll and I'd appreciate any advice you can offer...I could not find anything specific to this situation in the California Tenant Laws and am a transplant from out of state so am unfamiliar with them...

[SandyCo]

I don't know the answer to your question, but who don't you call the L.A. Housing Dept. and ask them? 866-557-RENT. Also, you might want to contact the Health Department at (626) 430-5461. That number is for the L.A. County Health Department, by the way.

More info can be found here:

LAHD Systems

[Ultrarunner]

If you rent in CA without a lease your rental period is based on the interval rent is paid.

If you pay weekly, you are week to week... monthly, you are month to month.

California has no State requirement requiring Rental Agreements be in writing if the period of period is one year or less. I don't know if your unit is covered by local rent control. If it is, there is an entire body of local ordinances that will apply in addition to State law.

Having a receipt for first month's rent and deposit and receiving the possession of the unit would seem to be prima facia evidence of a Landlord/Tenant relationship.

That said... in a worst case scenario you would be on the hook for no more than one months rent from the date of your 30 days notice to move...

In order for the unit to be rented, it must be habitable as defined by CA statute. Habitability could be in question based on the problem you've described.

Here is a link for additional info:
Landlord/Tenant Book Index - California Department of Consumer Affairs

A practical solution would be to come to terms, in writing, with the Landlord. If this isn't possible, you need to document the problem as Sandy mentioned.

Roaches can be controlled but only with a comprehensive pest control program and that takes at least several systematic applications over time.

[fonkfiend]

roaches should have to pay rent