I have bugs and the Landlord says it is my responsibility to get rid of them.

Situation

I have roaches and the Landlord won't spray or call a pest control company.  He says that I must have brought them in with me.  He never had roaches before.

Response

There are requirements that the Landlord must meet in order to comply with the "warranty of habitability"  You can go to this website,

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

to read what the Department of Comsumer Affiars says about this warranty of habitability.

The portion of the warranty that covers bugs is this:

"A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:  Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin."

This warranty also states: 

Tenants must do all of the following

• Keep the premises "as clean and sanitary as the condition of the premises permits."
• Dispose of trash and garbage in a clean and sanitary manner.

If the Landlord has provided a unit that is clean upon movein and with no bugs apparent.  He feels he has done his duty.  If, 6 months later, there are roaches, the Landlord may feel that this is a housekeeping responsibility of the tenant and therefore, the responsibility of the tenant to get rid of the bugs.

Keep in mind that roaches can come from many sources including old shopping bags, old boxes, old clothes and from bugs that cling to clothes.  All of these items would have been brought in by a tenant and therefore not a Landlord responsibility.

It is also true that bugs have to have something to eat.  If open food containers and food scraps are left on counters and in cupboards, this is encouraging bugs to stay and grow.  Again, this is under the control of the tenant and therefore a tenant responsibility.

With this in mind, I would suggest that you work with the Landlord to attack this problem from multiple directions.  Make sure the house is clean.  Volunteer to work with him to clear out your cupboards and drawers and countertops.  Ask him to supply the "roach bombs".  You use them along with follow-up sprays for a couple of weeks after the bombing.

If this doesn't work.  See if the Landlord will pay for a professional pest control visit with a promise from you to cooperate and keep the unit extra clean from now on.  See if that works.