SandCastles
Junior Member
What is the name of your state (only U.S. law)? California
I was a tenant in my last apartment for 20 years on a month-to-month lease. About the 17th year of my lease, I started having problems with termites. They were first found in the wood railings and beams on my balconies. Then I had a termite swarm inside my 2nd bathroom. I demanded an exterminating co. be contacted (after maintenance showed up with a spray can). It was recommended that the building be tented, but the owner would only let them spot treat. When a swarm occurred in the bath the next year, I was told then that they would be checking the roof since they were coming in from the exhaust fan in the bathroom. However, when the swarm occurred the next year for the third time and the same exterminator responded, he said that he had not gone up on the roof the last time. Apparently, nothing had been done. I found kick-out holes in my kitchen, living room and master bedroom. I also heard from other tenants in my building and others that they were finding evidence of termites.
After the 3rd swarm, I received notice that my rent was being increased. I sent a letter to the landlord and copied the manager that I did not think a termite-infested apartment warranted a rent increase. I never received a response and continued to pay my rent less the increase. Not until 3 months later did the manager contact me and tell me that I owed the increase. I said that since the building had not been tented - but only spot treated - I did not feel that the termites were gone. I was worried that my furniture and items such as books, had been infested. I said that I wanted the health department to inspect the building and asked if they wanted to call them or should I. I had written 2 or 3 letters to the landlord regarding the situation, and never received a response from him. I had also left 3 voice mails for the health dept. and never received a callback. I continued to pay the rent without the increase.
Five months later, I was contacted by the mgr. and told that the landlord wanted to bring an exterminator to my apt for an inspection the next day. She said "it was in response to my letters." I gave them permission to enter even though I could not be there as I preferred. I got a call from the mgr. that they found some areas that needed to be treated (inside and out) and would be contacting me to schedule. Instead, a week later, I got a "Pay or Quit" notice demanding the rent increase for 8 months plus a termination of lease notice! I sought legal advice and was told I should pay to avoid eviction and that the termination would probably be rescinded once I paid. I paid and the manager told me the termination was still in effect. I had 30 days to move.
I was unable to find another apartment within that time frame so I had scheduled the movers to bring pods for storage of my items. They showed up without them. The manager agreed to give me some extra time. I ended up staying 2 days past the 30, but I gave the manager a pro-rated check which she deposited. This was not a good time to move - it was in the heat of summer (apt. didn't have A/C), it was right before a holiday so nobody was available to help, and rents were at their highest. I felt like I'd been thrown into the street after 20 years as a responsible tenant.
However, I made sure that the apartment was left as clean as when I moved in. Also, every hole in every wall was patched. When the manager walked through it, she told me that I didn't have to clean it. Apparently, the entire apartment was being gutted for a remodel. However, a few weeks later, I received a notice that $175 was being deducted from my $500 deposit for a sanitary clean and blind cleaning! I never received the check. I sent a letter to the landlord, but par for the course, I never received a response.
The property has since been sold to a different company. Is this company or the original landlord responsible to return my deposit? Also, should I seek compensation for the rent increase or loss of use of the area infected with termites? How is the value of that determined? Can I claim a retaliatory eviction (even though I left before I could be evicted)? I don't know how to proceed at this point and appreciate any advice.
I was a tenant in my last apartment for 20 years on a month-to-month lease. About the 17th year of my lease, I started having problems with termites. They were first found in the wood railings and beams on my balconies. Then I had a termite swarm inside my 2nd bathroom. I demanded an exterminating co. be contacted (after maintenance showed up with a spray can). It was recommended that the building be tented, but the owner would only let them spot treat. When a swarm occurred in the bath the next year, I was told then that they would be checking the roof since they were coming in from the exhaust fan in the bathroom. However, when the swarm occurred the next year for the third time and the same exterminator responded, he said that he had not gone up on the roof the last time. Apparently, nothing had been done. I found kick-out holes in my kitchen, living room and master bedroom. I also heard from other tenants in my building and others that they were finding evidence of termites.
After the 3rd swarm, I received notice that my rent was being increased. I sent a letter to the landlord and copied the manager that I did not think a termite-infested apartment warranted a rent increase. I never received a response and continued to pay my rent less the increase. Not until 3 months later did the manager contact me and tell me that I owed the increase. I said that since the building had not been tented - but only spot treated - I did not feel that the termites were gone. I was worried that my furniture and items such as books, had been infested. I said that I wanted the health department to inspect the building and asked if they wanted to call them or should I. I had written 2 or 3 letters to the landlord regarding the situation, and never received a response from him. I had also left 3 voice mails for the health dept. and never received a callback. I continued to pay the rent without the increase.
Five months later, I was contacted by the mgr. and told that the landlord wanted to bring an exterminator to my apt for an inspection the next day. She said "it was in response to my letters." I gave them permission to enter even though I could not be there as I preferred. I got a call from the mgr. that they found some areas that needed to be treated (inside and out) and would be contacting me to schedule. Instead, a week later, I got a "Pay or Quit" notice demanding the rent increase for 8 months plus a termination of lease notice! I sought legal advice and was told I should pay to avoid eviction and that the termination would probably be rescinded once I paid. I paid and the manager told me the termination was still in effect. I had 30 days to move.
I was unable to find another apartment within that time frame so I had scheduled the movers to bring pods for storage of my items. They showed up without them. The manager agreed to give me some extra time. I ended up staying 2 days past the 30, but I gave the manager a pro-rated check which she deposited. This was not a good time to move - it was in the heat of summer (apt. didn't have A/C), it was right before a holiday so nobody was available to help, and rents were at their highest. I felt like I'd been thrown into the street after 20 years as a responsible tenant.
However, I made sure that the apartment was left as clean as when I moved in. Also, every hole in every wall was patched. When the manager walked through it, she told me that I didn't have to clean it. Apparently, the entire apartment was being gutted for a remodel. However, a few weeks later, I received a notice that $175 was being deducted from my $500 deposit for a sanitary clean and blind cleaning! I never received the check. I sent a letter to the landlord, but par for the course, I never received a response.
The property has since been sold to a different company. Is this company or the original landlord responsible to return my deposit? Also, should I seek compensation for the rent increase or loss of use of the area infected with termites? How is the value of that determined? Can I claim a retaliatory eviction (even though I left before I could be evicted)? I don't know how to proceed at this point and appreciate any advice.
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