[TenaciousSD]

[quote=outtamojo][quote=TenaciousSD][quote=EconProf]But, as another poster pointed out, there is no proof as to how the bed bugs got here in the first place. That is my ultimate defense if this gets in front of a judge.[/quote]

I’d recommend getting a 3rd party company (like San Diego Pest) for treating bedbugs. I’d also recommend asking the prospective tenant (before they move in) to sign a bedbug addendum saying that they’ve checked the apartment for bedbugs.

If down the road there is a bed bug issue, have the bedbug issue taken care of and bill the resident. If they argue that its your fault/responsibility, you can point to the fact that they themselves signed a document saying there were no bedbugs present when they moved in. The hope is – this is the end of the story.

What happens if you get pulled into court? Lets say the resident sues you for damages to their property. The burden of proof is on them to show that you the introduced the bedbugs – which is very difficult. They could have been on their moving truck, on the used furniture they bought on craigslist, or on something they bought at the flea market. Its very difficult to pin down the source.[/quote]

A piece of paper saying there are no bedbugs would carry more weight imo if it was signed by someone who actually knows how to look for bedbugs. I would get the place certified bedbug free by a pest company rather than Joe tenant.[/quote]

A resident signed bedbug addendum is useful when making the case to the resident that they should pay for the bedbug treatment.

If it goes to court, even if a place is certified bedbug free – the problem remains – how are you going to prove that the resident/landlord is at fault for the introduction of the ‘new’ bedbug infestation? Its nearly impossible.

[TenaciousSD]

[quote=EconProf]But, as another poster pointed out, there is no proof as to how the bed bugs got here in the first place. That is my ultimate defense if this gets in front of a judge.[/quote]

I’d recommend getting a 3rd party company (like San Diego Pest) for treating bedbugs. I’d also recommend asking the prospective tenant (before they move in) to sign a bedbug addendum saying that they’ve checked the apartment for bedbugs.

If down the road there is a bed bug issue, have the bedbug issue taken care of and bill the resident. If they argue that its your fault/responsibility, you can point to the fact that they themselves signed a document saying there were no bedbugs present when they moved in. The hope is – this is the end of the story.

What happens if you get pulled into court? Lets say the resident sues you for damages to their property. The burden of proof is on them to show that you the introduced the bedbugs – which is very difficult. They could have been on their moving truck, on the used furniture they bought on craigslist, or on something they bought at the flea market. Its very difficult to pin down the source.

[TenaciousSD]

Take care of the bedbugs (see CCS 1941 below) within 30 days and you should be fine. I agree with ucodegen and would recommend moving the tenants out. End of story.

What happens if you don’t? Lets say they already provided you a letter in writing letting you know that they have bed bugs. They can just take pictures of the infestation and provide a letter letting you know that they are vacating (using CCS 1942) and request a final walk through. You’ll receive a prorated rent check through the last day with the memo portion saying “Civil Code 1942 termination prorated”. If you go to court, it will cost you more, and you still have to take care of the bed bugs.

Civil Code Section 1941.1 paragraph 1, Health and Safety Code Sections 17920.3, 17920.10.

A rental unit may be considered uninhabitable (unlivable) if it … is a substandard building because [of] … inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.”

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

[TenaciousSD]

+1 for what Flu said in both of his posts

You can charge whatever fee’s you want (if residents are willing to pay it). For example, late fee’s. This doesn’t mean the resident has to pay them. If you go to court over late fee’s, the judge will NOT rule in your favor.

[TenaciousSD]

Landlords ultimately are legally responsible for assuring that their rental units are habitable. While the unit is being rented, the landlord must repair problems that make the rental unit unfit to live in, or uninhabitable. The implied warranty of habitability may be violated if there are mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants.

California tenants: A guide to residential tenants and landlords rights and responsibilities
http://www.dca.ca.gov/publications/landlordbook/problems.shtml

[TenaciousSD]

Let the landlord know that you have a mold issue in the bathroom. They’ll clean the mold and most likely replace the floor with a low-cost vinyl. Having resolved the issue within a reasonable amount of time, they will thank you for letting them know there was an issue. Everyone has a nice day.

Here’s what I’ve seen happen if the landlord strays from the above. The tenant will claim to suddenly come down with some type of mold related health issue. [fast forward past the details] They will go to the court house where there are lawyers waiting outside claiming to work for free on the tenants behalf. Lawyers will claim that there was some type of habitability issue. The lawyer bills the landlord. The landlord still needs to clean up the mold issue.

[TenaciousSD]

Thanks for the update Flu. My family and I wish you the best.

[TenaciousSD]

I’m sorry to hear that your daughter with child is in this challenging situation. The landlord or property management company will need to install or fix the AC within a reasonable amount of time.

[TenaciousSD]

Wishing you the best Flu. 🙂

[TenaciousSD]

I highly recommend GasBuddy for mobile phones.

http://gasbuddy.com/

[TenaciousSD]

I highly recommend GasBuddy for mobile phones.

http://gasbuddy.com/

[TenaciousSD]

I highly recommend GasBuddy for mobile phones.

http://gasbuddy.com/

[TenaciousSD]

I highly recommend GasBuddy for mobile phones.

http://gasbuddy.com/

[TenaciousSD]

I highly recommend GasBuddy for mobile phones.

http://gasbuddy.com/

[TenaciousSD]

Congrats Mike! 🙂

[Author]

Posts