Invasion of Outdoor Pests Bugs Tenants

QUESTION: My spouse and I have lived in a 22-unit apartment complex in Redondo Beach for the past four years and we have a problem.

There never has been any type of pest control in or around the building. The outdoor areas of grass and shrubbery are infested with spider webs, crickets and very large black water bugs.

Due to the lack of outdoor prevention, we are constantly faced with ongoing indoor spraying and carefully guarding against these bugs entering our apartments. The manager says the owner is not concerned with this issue and will not do anything about it.

Can the tenants unite to force the owner to fumigate the apartments at least semi-annually or annually?

ANSWER: The owner probably can be forced to fumigate if there are insect infestations inside the apartments. He probably cannot be forced to do anything if you are merely bugged by the presence of insects outside the units.

Since you say in your letter that you “are constantly faced with ongoing indoor spraying,” I’ll assume that there is some inside infestation.

Even though you already have asked repeatedly for spraying, your next step, before asking the Los Angeles County Health Department to intervene, should be to send a letter to both the manager and owner. Try to get the rest of the renters in the building to sign the letter.

In the letter, you can reference the fact that you are considering contacting the health department to resolve the problems as a last resort, but would prefer not to do so.

If the letter doesn’t work, the county health department may be contacted. They may be reached at (213) 881-4015. They can cite the owner for vermin infestation, and, if they do so, will require him to get rid of the problem.

However, according to a health department spokesperson, spiders and crickets (other than Black Widow or Brown Recluse spiders) are not public health problems and, as such, are not regulated by the health department.

The spokesperson also said that many people refer to cockroaches as water bugs, which the health department does regulate.

What Happens to Lease During Receivership?

Q: I live in North Hills and I hope you can give me some sound advice. I have leased this apartment for over two years. Under the terms of the lease, I get one free month’s rent for signing a 12-month lease.

The contract specifies three methods for getting the free month’s rent: taking it during the 13th month; multiplying the monthly rent by 12 and then dividing that number by 13, and paying 12/13 of the rent for 13 months; or, taking one-half month’s rent free during the first and 13th months of the contract. I selected the latter option.

During the term of the second 13-month lease period, the building was transferred to a receivership. We were promised by the receivers that they would honor all existing contracts, which they did.

I wrote to them my intention of renewing the lease contract with them under the same terms and conditions. They refused, saying that they were in no position to write a new lease, but would honor the terms of my original lease contract.

I sent them one-half month’s rent for the first month of the new lease term and they accepted and cashed the check. Months later, the apartment manager sent me a notice to pay the other half-month’s rent or surrender the premises.

Is this legal? Just what are the powers and limitations of a management company designated as a receiver? If they don’t have the power to negotiate new leases, do they have the power to rescind the terms of the original contract? Finally, can you consider this harassment?

A: According to Trevor Grimm, general counsel to the Apartment Assn. of Greater Los Angeles, an existing lease contract must be honored by a receiver unless he is appointed due to a bankruptcy.

Receivers appointed in bankruptcies have far broader powers than other receivers, according to Grimm.

Is it legal to accept and cash your rent check for one-half month’s rent, and then cash subsequent rent checks without requesting that you pay the other half month’s rent from the previous rent check until months later? Probably not, according to Grimm. He said you probably have a good argument that the rent was presumed, and is paid for that month.

Also, under the law, Grimm said, on a holdover tenancy with the consent of the landlord (like yours), the rental terms remain the same except for the term of the tenancy, which converts to a monthly contract.

Nevertheless, Grimm said, you probably don’t have a new 13-month contract since, according to state law, any lease exceeding one year (which includes a 13-month lease) must be in writing to be legal.

Your canceled check for the one-half month’s rent probably doesn’t qualify as a “writing” to justify the contract renewal.

As for the harassment question, a demand for payment of that half- month’s rent probably, in and of itself, does not constitute harassment.