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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Exclamation Painting and Pest Control Charges

    I live in Fresno, California. I have just moved out of a two bedroom apartment which I leased for over seven years on a year to year basis. When I moved in I put down a $900 deposit.

    The management did very little in the way of upkeep to the place, especially when it came to the roach infestation, flooring, and painting. I had complained about the roaches numerous times over the past three years or so when they first started to come in through the walls, but they did little more than put bait on some of the cabinet hinges every six to eight weeks, which did no good against the bugs. I sprayed with all different kinds of commercial products at my own expense, too, but was never able to get rid of them because they were coming in from other apartments in the same building (it is a four-plex).

    Now the manager is telling me that I will be charged for painting and pest control, and that I may owe even more than the $900 I put down on it to begin with.

    The way I understand it with the painting is as follows:

    Repainting walls:

    One approach for determining the amount that the landlord can deduct from the tenant's security deposit for repainting, when repainting is necessary, is based on the length of the tenant's stay in the rental unit. This approach assumes that interior paint has a two-year life. (Some landlords assume that interior paint has a life of three years or more.)

    Length of stay and deduction:

    Less than 6 months = full cost
    6 months to 1 year = two-thirds of cost
    1 year to 2 years = one-third of cost
    2 or more years = no deduction

    Using this approach, since I lived in the rental unit for more than seven years, I should not be charged for any repainting costs, no matter how badly the walls needed repainting when I moved out.

    Reference:

    http://www.dca.ca.gov/publications/l...-deposit.shtml

    I have been unable to find anything so far on the Internet about the roach situation, but I don't believe I should be held responsible for it, either, especially since I had to live in substandard conditions due to the infestation.

    I would appreciate any input on these issues as to what my actual responsibilities are to pay for these conditions of the apartment. I am in the process of contacting my local legal aid office for advice, as I am also a low income individual (SDI & SSI).

    The way I understand it is that they have 21 days from the time I moved out (September 3rd) to present me with either my security deposit in full or a statement of deductions as they see fit. I will then be prepared to dispute their deduction claims depending on what I find out here and from my local legal aid office.

    Thank you all in advance for any help you cangive me, and sorry to be so long winded about this, but I just wanted to make sure I got all the details down in the forum here.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Painting and Pest Control Charges

    I agree with you that the paint charge is unjustified.

    I also question the pest control charge, given that you had persistent cockroach problems and are apparently in a multi-unit building. How is it that the landlord is trying to claim that the infestation is your fault?

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Thumbs up Re: Painting and Pest Control Charges

    Good news came today from legal aid. They told me that I am qualified for their help and that the painting and pest control charges are completely unjustified. I just have to wait until the 21 days are up (the 24th) or I get a written notice of charges from the management, and legal aid will handle the situation from there.

    Thanks for your response, and BTW I did find out that in a multi-unit building the landlord is supposed to have all the units treated for pest infestations at the same time in order for it to be considered a reasonable effort to eliminate the pest situation.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Painting and Pest Control Charges

    That's absolutely necessary with cockroaches. They otherwise retreat to "safe" apartments until the poison dissipates.

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