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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Landlord Charged for Pest Control, No Sign of Insects During Tenancy

    My question involves landlord-tenant law in the State of: California

    I used to live in 4 plex (2 upstairs and 2 downstairs units) in a rural area. I received a copy of my deductions from my deposit and saw a charge for $780 for getting rid of cockroaches. During the entire time I lived there, I never saw a cockroach. I did not have ants either, and the landlord did not find an ant problem.

    I have since called my old neighbors. None of them saw a pest control guy come, and none of them have seen any signs of roaches. They also said that the landlord never informed them of a possible problem. When I moved, I bought boxes from U-Haul and banker boxes from costco, so I am sure they did not come into my old place through those means. I also lived there for 3 days after I moved all the items out of my old place. It was just me, my 2 cats, cleaning supplies, and a inflatable mattress. If there had been roaches, my cats would have gone nuts going after them. I moved the fridge and gas range to clean the walls and floor, along with wiping the inside and outside of every cupboard. Still no sign of any roaches. Other than that, the only other deductions were for patching holed where I wall mounted the TV, a sopt in the tub where I forgot to clean (where the soap holder was), and the blinds (funny thing is that I bought new ones and installed them the day I moved out, I have the receipt for that so I know thats bull).

    I plan on going to small claims to get my money back and attach damages as allowed by law. What are california laws regarding multi-dweling units with regards to pest controll? My new landlord advised me on the issue and said that the landlord was responsible, and that she was going to talk with her lawyer to see what they said regarding the situation. Does this cost seem exorbant? I have yet to see an invoice and they did not send me a detailed sheet with deductions, so I do not know who did the extermination. I also did not sign away my rights to get invoices and a detailed deduction sheet.

    I have pics of the apartment when it was empty.

    What should I do? What laws apply here?

    - - - Updated - - -

    I have an interesting update. A neighbor of mine contacted me today. After hearing about the story she contacted the landlord who then came to her place to talk to her. The landlord told her they found 2 dead cockroaches and no live ones. They also told her that the exterminator said that there was no need for him to do anything as there wasn't a problem.

    She volunteered to testify, but I think that her testimony could be considered heresy. I'm trying to get ahold of the exterminator. Anyone have any thoughts or advice?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,087

    Default Re: Landlord Charged for Pest Control, No Sign of Insects During Tenancy

    The landlord should have provided a copy of a receipt with his statement itemizing the deductions from your deposit, when your deposit was partially refunded (or you received the notice that you were not entitled to any money back).

    It is not clear that you should be held responsible for the extermination costs; but we don't have sufficient facts to assess.

    There's good information on the return of deposits here.

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Landlord Charged for Pest Control, No Sign of Insects During Tenancy

    I got a check for 33% of the deposit I paid. The refund letter did not have copies of receipts/invoices, nor did it have a detailed breakdown. I did not waive my right to receive the invoices/receipts. Your link has no mention of pests and the renters responsibilities regarding them, I had already come across that earlier. What other information could I provide to allow for a clear picture for you to provide an opinion? I have already sent a demand letter to the landlord by certified mail, and that included wanting the receipts and invoices..

    Also, I am now wondering if I deposit the check that I have received, will I lose my right to sue?

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