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Pests Found In New Apartment After The Management Told Me There Were No Issues

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Location: San Diego CA, USA

Looking for advice on a lease that just started yesterday (30-June)
Prior to moving in, I asked the building lease manager specifically if they had a cockroach infestation. Email below:

Hello,
Thank you for taking me through the property yesterday! I really liked the unit you showed me and am definitely interested in applying. I do have a point of concern and I’m hoping you can ease my mind a bit. Looking through some of [property name]’s recent reviews, it seems as though multiple people have been complaining about cockroach and/or mice infestations on the property. I’ve had such instances with cockroaches at previous residences and frankly don’t wish to go through that again.

How Is [property] addressing this issue, and if it were to become a problem after I move in, what kind of process would occur, and how quickly would it be addressed? What pest control measures are currently in place, and how frequently are they performed?
Hoping to hear from you soon! Thanks again for your time.

Response from management:

Thank you so much for coming into tour with me yesterday—I’m so glad to hear that you liked the home! I completely understand your concern, and I really appreciate you bringing this up.
Online reviews can sometimes highlight past or isolated experiences, and I know how important it is to feel confident and comfortable in your next home—especially given your past experiences. I’d be happy to share a bit more about how we currently handle pest control here.
We take this very seriously as a community. We have a professional vendor that services the property on a weekly basis to help maintain a clean and comfortable environment for all residents. Additionally, residents are always welcome to submit a request if they would like pest control to visit their apartment for any specific concerns.
Since we acquired the property, we have not been made aware of any infestations. However, if anything of that nature were to arise, we would absolutely address it promptly and with the utmost care.
I hope this helps provide some peace of mmind

Taking them at their word, and only seeing a couple of these instances, I toured and signed the lease set to begin yesterday. Upon moving in I found several roaches, both dead and alive, in the empty unit. I only have cleaning supplies and a trash can in the apartment and I have another place to live for at least 3 weeks but I’m trying to figure out my recourse here. Sent the property this email yesterday, but would like to find a way to rescind the lease if possible, though I know sending this email probably hurt those chances:

Hello,
Thank you for the help with getting set up today. Unfortunately, after returning to the property later in the day, I discovered several more cockroaches and evidence of their presence in the unit. I have attached pictures and a video of a live one running through the bathroom.
I hope you can understand the amount of stress this is causing me during a move-in period, especially since this was the one concern I expressed upon showing interest in [property]. I’ve now found more than 10 cockroaches on my first day of occupancy, which goes well beyond an isolated incident and indicates a serious infestation affecting the habitability of the unit.
I know you told me that [property] takes these things very seriously, and I’m writing to you now to discuss concrete next steps. I would like Windsor to:

-Arrange professional extermination (not routine pest spray) within 48 hours, with a mandatory follow-up treatment scheduled for 2 weeks later. I need written confirmation of these specific dates and times.

-Provide a detailed written action plan outlining exactly what steps [property] will take, the timeline for resolution, and how you will prevent this from recurring during my 13-month lease.

I want to resolve this cooperatively with you, but I need a comprehensive response from you by 5pm tomorrow. If I don’t receive a satisfactory action plan by that deadline, I will need to escalate this matter to property management as this appears to be a significant habitability violation.
I’m documenting the photos, videos, and this correspondence for my records. I’m confident we can work together to make this right, but I need immediate and concrete action from [property].
Please confirm receipt of this email and let me know when I can expect your detailed response.

Do I have any recourse of backing out of this lease considering it’s the first day and this is already a problem? Can I send a follow up email saying “actually I slept on it and don’t think you’re going to be able to reliably solve this problem, let me out”? Appreciate any and all advice

submitted by /u/JustAGuava
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