[JollyJoy]

I was a tenant in my last apartment for 20 years in Southern California 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. Also, workers were seen replacing the exterior wood throughout the complex.

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 understand that judges tend to side with landlords here, so I was advised to pursue this in small claims court to avoid legal fees should I lose. However, I understand it can be difficult to collect in small claims court. I don't know how to proceed at this point and appreciate any advice. THANK YOU!

[JudyKayTee]

I'm sorry but I just don't have the time and patience to read all of this - can you condense it down?

The person you gave the security deposit to is responsible for returning it to you UNLESS it was transferred to the new owner when the building was sold; it would appear (from the little bit that I read) that you were aware of the termites for quite some time and did not vacate, indicating they were not a big problem for you.

If there are other questions I missed them.

[ScottGem]

Too bad you didn't contact us a lot earlier. I would have told you to do things a lot differently for example I would have told you to put the rent increase into an escrow account and to continue to pay the original rent. I would have also told you that a pay or quit notice means just that, either pay OR quit. If you pay, they have to start over. I would have also told you NOT to pay the increase and let them try to evict you. To do so they would have to take you to court. CA is a VERY tenant friendly state. If you went to the hearing and showed the court all the evidence of termite damage and the lack of response on the landlord's part to deal with the situation, I doubt if they would have gotten an eviction order.

But that is all moot, since you have moved. So now you have to sue your old landlord for the return of the security.

[JollyJoy]

I'm sorry but I just don't have the time and patience to read all of this - can you condense it down?

The person you gave the security deposit to is responsible for returning it to you UNLESS it was transferred to the new owner when the building was sold; it would appear (from the little bit that I read) that you were aware of the termites for quite some time and did not vacate, indicating they were not a big problem for you.

If there are other questions I missed them.

I do apologize for the length of the original post. When the first termite swarm occurred, it was assumed that they had flown in from the outside since they could not determine where they had entered. It wasn't until the second year that they realized they were entering via the ceiling fan. I was told they would go onto the roof and fix the problem. When termites swarmed inside the third time, I learned the exterminator had not gone up to the roof the prior year. Also, kick-out holes indicating the termites were inside the walls were found throughout the apt.

Landlord raised rent. I did not pay the rent increase and sent numerous letters to LL stating I did not think a termite-infested apt merited a rent increase. He ignored letters but the exterminator came and spot-treated rather than tenting the building, which is what exterminator recommended. I was concerned termites had gotten into my furniture, books, etc. Anyway, I cont'd to pay rent less increase. Then months later, rec'd a call that LL wanted to enter apt with exterminator. After that, I rec'd call from mgr that there were more areas that needed treatment and she'd be calling to set up a time. Instead, I rec'd a pay or quit notice and a notice of termination a few days later.

I contacted a lawyer who advised me to move rather than risk an eviction. He said I could take them to small claims court and sue for "loss of use" of areas that were infected by termites. According to him, California is very landlord friendly because most of the judges are landlords themselves.

My questions are how can I determine an amount for "loss of use" in this situation? My lease was terminated within 6 months of the time I requested the Health Dept to inspect, so it would have been a retaliatory eviction. However, since I moved and wasn't evicted, can I still claim a retaliatory eviction? Can I sue for any of the cost I incurred moving? Also, apt was completely gutted after I moved and remodeled. I still cleaned and left the apt in same condition as move-in. Can they deduct a "sanitary clean" from my security deposit? I rec'd paperwork stating that was the case, but then never rec'd the check. As I said the complex was sold. How do I know if the security deposits were transferred to new owners?

Thank you so much for your advice!