Does a landlord have a "duty" to his neighbour to control a vermin infestation on his property?

California, United States of America


The following excerpt is from Sher v. Leiderman, 181 Cal.App.3d 867, 226 Cal.Rptr. 698 (Cal. App. 1986):

[181 Cal.App.3d 885] In the second case of Coole v. Haskins (1943) 57 Cal.App.2d 737, 135 P.2d 176, defendant allowed garbage to accumulate on his property. The garbage attracted rats which eventually found their way into plaintiffs' apartment next door and bit plaintiffs. Although it was found that defendant had breached a "duty" to his neighbor, there was also a preexisting contractual relationship of lessor-lessee between the parties. Moreover, in not controlling the vermin infestation, defendant was found to be in violation of the law. 7

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