General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTermites: what is a landlord's responsibility?
This may be the wrong forum, but I hope not. I rented an apartment starting last spring. My lease is up April 1. One day last week I came home and there were flying bugs all over my windows and crawling around the carpet in the room that serves as my office. I called the manager and she came right away. She's young and works for a large management company that is supposed to be very good. Well, these bugs turned out to be termites. It turns out that August/September is the beginning of termite season and they can last through the hot weather here. I heard from both the manager and the exterminator (who came last week) that this building had had termites last year in the apartment next to mine. It's a small building (about 6 units) but I'm guessing the whole thing is infested.
I got home today and the termites were back again and so were some larvae. These were smaller, lighter and wiggly. I've been killing everything with spray cleaner (I have a cat and don't want to use pesticides). Termites kill easy and they are apparently not something that bothers cats, but if there are larvae around, it means that some of these buggers are reproducing right here in my apartment. The exterminator could not find the entrance point and the management company has said nothing about tenting the place.
Since termites are not a renter's responsibility, I am wondering how to handle this. Are there any renter's rights people on this board who could help?
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hexola
(4,835 posts)I guess - ask out of the lease and move?
If its bad, it's going to be a pain for the landlord too...
Those suckers come out of the floor in front of my wood stove every year...concrete slab with a crack/split...one day winged bugs everywhere...then they die...or we just sweep them up.
Got Stink bugs?
Wella
(1,827 posts)Aren't they devaluing your property? Do they eat your wood furniture?
hexola
(4,835 posts)The heat from the woodstove "activates" them...seemingly.
Its like one day a year....maybe 2.
Pretty sure they aren't eating my wood furniture...I don't think they are hungry...seems like they come out of the crack - wander around and die.
The hatch is more about reproduction - and less about being hungry...I think!
Wella
(1,827 posts)I know they need wood to reproduce and I'm wondering if this indicates that they have already infested the bookcases.
hexola
(4,835 posts)West coast bugs - I can't say...
I'm also a landlord - and stuff like this is exactly why I'm looking at having a property manager!
My personal philosophy says "move on" rather than waste time in a fight...
If it were my lease - I'd let you out...if not require you leave until the bugs are fixed!
That said - we don't use leases with our rentals!
Wella
(1,827 posts)There have been other issues here as well, but nothing as upsetting as the termite thing. California is a big termite state. It really should be our state bug. 
TheNutcracker
(2,104 posts)Write a letter to the owner. Tell him you are putting your rent money in an escrow account, and give him a copy showing proof. This shows you are not doing this to avoid paying because you cannot pay. It proves that you can pay and are putting the money aside until the issue is resolved.
Tell the owner in the letter that you want the building "treated" and to be termite free and will not take any risk of an infestation to your possessions.
I had to do this with a roof leak in Fla.
The building owners have ONE WEEK, to fix the problem. After that, you will be pro-rating your rent, daily, until the work is completed.
In my situation, the roofers started exactly one week after receiving my letter. Therefore, I had to turn over the full months rent, as they began work within the one week of the letter/claim.
Good luck!
PS...Boy....were the other renters happy! I was not the only one with a leak.
Wella
(1,827 posts)I am printing out this advice. I think I am going to call tomorrow and see what is going on. If they insist on doing nothing, I will have to do exactly as you say. I am worried because I found larvae on my bookcases. I am fearful that they will infest the wooden book cases and drawers.
DURHAM D
(33,054 posts)this problem immediately as obviously it devalues the property. Perhaps the management company has not bothered to tell them.
But to answer your question...I would start by calling the Attorney General's office in your state and ask for the Landlord/Tenant advisers.
theHandpuppet
(19,964 posts)Just do a google search for "landlord's responsibility for termites" that includes the state where you reside.
Wella
(1,827 posts)theHandpuppet
(19,964 posts)You didn't state where you live so it wasn't possible to give a definite answer.
Wella
(1,827 posts)Habitability
When you rent a home, it is implied that the place will be habitable, according to California Civil Code 1941.1. This means the rental must meet all the health and safety codes as outlined by state and local laws. Your landlord is responsible for fixing any problems that keep the space unlivable. A rental unit may be considered uninhabitable if there is a severe pest problem, such as termites in the living space. Treating existing termites also can create a temporary uninhabitable condition.
LeftyMom
(49,212 posts)If you're in California I can help you out a bit (I used to work in property management, and did training for other people in it) but for the other 49 states I wouldn't feel comfortable giving you more than general advice.
Wella
(1,827 posts)What can I do?
LeftyMom
(49,212 posts)First you need to document the problem. Take pictures, get a pest control person to come in and give you a report in writing if you can. Then send your property management company a letter about the problem, cc the property owner, and send it certified mail so you can document that it was received. Include copies of the pictures and pest control report. Certified mail is landlord tenant relations for "fix this or we're going to court." It's the best dollar you can spend, in my experience.
Hopefully that gets the problem solved. If your landlord isn't a complete idiot it should, because letting termites eat their building is penny wise and pound foolish. If they're not jumping on termites I'd assume that they're facing money issues and likely to lose the building soon or are just idiots who shouldn't be in the business (unfortunately this describes a lot of landlords,) either way I'd get ready to move. The documentation above should be all you need to allow you to break your lease.
But if for some reason you want to stay you can do the procedure described above of putting your payments into escrow. I wouldn't, I think you'd be better off finding a property that's well cared for, but maybe there are extenuating circumstances like a really great location or a shortage of rental housing in your area that might be a factor.
There may be additional local rules, you should ask a local tenants' rights group for specific local advice.
Oh, and general advice on landlord tenant issues: Nolo press writes a really great guide for rental law. It's worth the $40 or so that it costs or your local library probably has it in the reference section. Looks like they also have a lot of information online now. http://www.nolo.com/legal-encyclopedia/renters-rights If it's anything like the landlord version it should have model letters, etc.
Wella
(1,827 posts)It may be the building owner who is dragging her feet. The exterminator did come (hired by the management company) and he gave a report to the building manager. I have emails attesting to that but not the actual report. (I'll check and see if I got a copy when he came. He left me his card.) Like I said, this is supposed to be a good management company, according to a successful realtor I know.
I will have to take photos on my phone. At the moment I have a bunch of dead termite corpses stuck in the window frame. I guess I could dig them out with a needle and send them in the envelope.
This is such a busy time of year for me and it's the last thing I need. Putting the nolo link on bookmark.
LeftyMom
(49,212 posts)multiple estimates.
I'd stay on them but if the place needs tented that takes a little time to arrange. They should communicate with you better about the delay, however, whatever the cause.
Wella
(1,827 posts)I can't come home everyday to termite parties in my apartment.
Wella
(1,827 posts)They are taking bids. Good sign?
LeftyMom
(49,212 posts)Feel free to PM me if you run into any more problems, like I said, I used to do this for a living.
Wella
(1,827 posts)The cable plate on the wall was loose and many of the termites (not all, but many) seemed to be coming from around there. I taped up all around the plate with packing tape and came home to find lots of dead termites under the tape. I'm saving it for the exterminator tomorrow. They still seem to be getting in through from under the window ledge.
BainsBane
(57,757 posts)Yes, this is the landlord's responsibility. Google landlord tenant law for your state and city. You'll only need to apply it if the landlord refuses to act. In that case, you call a housing inspector from the city to come examine the problem.
That the manager came right away suggests they are interested. It is their property the bugs are destroying.
I have a landlady from hell who does nothing. The problem is she's related to me, so I didn't get the city involved when I should have. At least yours is acting.
.
Wella
(1,827 posts)The exterminator came out last Tuesday. We are now over a week into this thing. The last I heard from the manager was last Friday. The boss is still ruminating about what to do.
BainsBane
(57,757 posts)That you are probably going to have to move out while the building is treated.
Wella
(1,827 posts)Temporary Relocation
Your landlord is obligated to compensate you for the time that the rental property is uninhabitable. There is no law that directly dictates how much you will be compensated. The California Health and Safety Code Section 17980.7(d) only requires landlords to provide reasonable relocation benefits. Certain landlords work out an arrangement to pro-rate the rent for the month, while others divide the monthly rent by 30, then compensate you for the number of days you relocated. Other landlords agree to put tenants up in modest hotels for the duration of the treatment. Tenants might ask to be compensated for food costs as well because they cannot prepare meals in a hotel.
BainsBane
(57,757 posts)I wish you luck.
I actually threatened to call the city on mine to get her to repair lights on the entrances and exists of the dwelling. She responded three days later by telling me I had to move out. Of course it's completely illegal, as is everything she does. It's retaliatory termination of occupancy. However, I've found a better situation and will be buying a house. In the meantime, I'm collecting evidence for a counter suit, in case the need arises.
Wella
(1,827 posts)You'd think they'd care about the integrity of their building.
U4ikLefty
(4,012 posts)Wella
(1,827 posts)And really rude on your part.
U4ikLefty
(4,012 posts)Get used to it if you're gonna shill for Monsanto.
Wella
(1,827 posts)And you don't play above board. You accuse people of things they're not doing and then attack them for things you imagine that they are doing.
Are you sure you're a Democrat?
hexola
(4,835 posts)...I think Terminix is the competitor...
Wella
(1,827 posts)Terminix started with termites, right?
moriah
(8,312 posts)We have a unique community moderating system here. If you feel that a post is over the top or offensive, a panel of 7 DUers will evaluate the message and see whether to hide it or let it stand.
Engaging someone who is rude to you leads to a post like this one, which if alerted on might also get hidden because some might take your response as a personal attack as well.
Welcome to DU!
Wella
(1,827 posts)That's good to know.
gopiscrap
(24,733 posts)
csziggy
(34,189 posts)My parents' house had termites. When I went off to college I left boxes of books and magazines there. They had the house tented which killed the termites, but when I went to get my books, the boxes had no bottoms and the contents were dust plus the floor underneath had holes in it.
Years later, when my parents moved to a new house, they got all the furniture treated before they moved it - good thing since there were termites in the old house again.
So before you move, you want the entire contents treated. If the landlord won't do the entire building, insist that they pay to treat your possessions so they are not still infested and you don't carry the termites to the next place you live.
Wella
(1,827 posts)Thank you.
csziggy
(34,189 posts)Oh, and make sure your landlord and the exterminator know about your cat. One of my landlords once had my apartment sprayed without warning. Not only did my cats get sick, it killed all my tropical fish. I had a breeding pair of gouramis with a tankful of babies. I'd already arranged to trade the babies for some other fish so it was a big loss. If I'd only been notified, I could have taken the cats to a friends' house and the fish to the aquarium shop.
Wella
(1,827 posts)Thanks!
Are_grits_groceries
(17,139 posts)Do it every day. Count the number of bugs or whatever you see. The more concrete evidence you have the better off you will be. Catch a few in a jar and date it. It 's a pain in the ass, but be prepared.