PM issues, lease issues, "de-flea" certificate "law" in CA? (tenant, rental)

[PickledPink]

Does anyone know if there's a "law" requiring a tenant to have their rental "De-flea'd" for sand fleas when you move out? Our PM says it is California law when owning pets. I'm not talking about the fleas that dogs and cats get, this is specifically for SAND FLEAS. The ones that live in little burrows and primarily affect rodents.

I'm a tenant here in CA and also a former LL but a PM now handles my property out of state. We are here temporarily and plan on moving back to our house.

I am currently renting a beautiful house on 24 acres of oak trees in a canyon. We have lots of bugs, just not in the house. We're clean, my dogs are treated for fleas. I've never known sand fleas to infest a house in the US- I used to deal with disease vector surveillance, heavy on the sand flea overseas, so I have a little bit I knowledge and it sounds strange to me. I also can't find any "law" that states that tenants must have sand flea abatement done prior to vacating the premises.

The PM has been sketchy from the beginning, is a total idiot, unprofessional and I don't have faith in her at all. It is written in the lease, with vague verbiage in the section regarding pets.

I asked for the information regarding the "deflea" certificate that was done prior to us moving in at the lease signing as well as twice more in the 9 months that we've lived here. She ignored me before and now says she is not "obligated" to provide me with any documentation that it was done.

Initially, I just wanted to know how often I had to have it done, who I needed to contact (exterminator? She now says a contractor or "special" carpet cleaning company and that it will cost 1200-1500), why it needed to be done (her answer to that was because California is made of sand and sand fleas are just always a huge problem, that's why it's the law, lol). I would understand if the house became infested with dog or cat fleas, but sand fleas? I called a carpet cleaner and they said that it would only be necessary for dog/cat infestations and that they don't do it, never heard of it as a law, and that I should "call around".

There is a lot more to my annoyance with and lack of trust of her. In my own tenant/LL battles, I learned the hard way that adding things to leases can be unlawful. Is this "deflea" deal lawful?

We will not renew, for many other reasons as well. Has anyone ever heard of this? Can they (PM) legally force me to do it without showing proof that it was done prior to me moving in? This was a vacation rental previously and it was vacant for about 6 months before we found it. We have not seen any evidence of any kind of flea in the house at all.

Thanks!

[STT Resident]

Originally Posted by PickledPink

I am currently renting a beautiful house on 24 acres of oak trees in a canyon. !

The bottom line is that if your LL is claiming "sand fleas" then your LL is both ignorant and out of luck, period. Sand fleas live in sand on coastlines not in the habitat you describe. They're strictly shoreline crustaceans which swim and jump.

[eevee188]

You might need to have your house decrabbed and delobstered as well. Sand fleas live in the ocean...not your house! I wonder if her "special carpet cleaning" company is really an excuse to charge your security deposit $1200 when you move out? Even regular dog and cat fleas don't cost $1200 to get rid of!

I would just ignore this, and then when you move out and your security deposit gets dinged $1200, sue in small claims for it. No judge is going to allow a $1200-1500 fee for getting rid of regular fleas, or for getting rid of crustaceans either.

[NoMoreSnowForMe]

Originally Posted by eevee188

You might need to have your house decrabbed and delobstered as well. Sand fleas live in the ocean...not your house! I wonder if her "special carpet cleaning" company is really an excuse to charge your security deposit $1200 when you move out? Even regular dog and cat fleas don't cost $1200 to get rid of!

I would just ignore this, and then when you move out and your security deposit gets dinged $1200, sue in small claims for it. No judge is going to allow a $1200-1500 fee for getting rid of regular fleas, or for getting rid of crustaceans either.

LMAO! Yes, be sure and ask for the de-lobstering certificate as well. Oh, I love a good laugh in the morning...

You will probably have to take this landlord to court, unfortunately.

In CA, there can be no non-refundable fees, deposits, anything - except for a minimal application fee, the maximum is now around $45.

This includes anything they may have put in the lease to the contrary. Such a clause is not legal, or enforceable.

What you could do, is wait until you move out. If the LL/PM doesn't follow the rules to the letter regarding your move-out and deposit, you automatically get your full deposit back.

For instance, they have to give you the option of a pre-move-out inspection, and it has to be in writing, and include the law that explains your rights. Odds are, they won't do this. If they don't, you get your full deposit back.

Also, they have 21 days to return your deposit. If they don't, you get your full deposit back.

The law in CA wants tenants to have the opportunity to get their full deposits back. The pre-move-out inspection is designed so that you can. The landlord has to give you a list of what you need to do to get your full deposit back. The only exception is when there is a big hole hiding behind a painting or under the couch, or damage happened after the inspection.

If I was you, I'd give proper notice, clean or have the place cleaned, photograph or videotape everything, move out, wait for the bill from the PM, then sue. I wouldn't help them out by reminding them about the pre-move-out inspection. You don't need to ask for it, they have to tell you about it.

If they tell you about your right to a pre-move-out inspection, and you decline, then they're off the hook. But, they have to give you written notice telling you about this right, and giving you the option, no sooner than 14 days before your move-out date.

Here's a CA court link regarding this:

http://www.courts.ca.gov/partners/do...Inspection.pdf


Ask for your court filing fees back, too, which the court will make the landlord pay you, as well.

Here's a link to CA law:

California Tenants - California Department of Consumer Affairs

Oh, and by the way, in CA, landlords are responsible for pest eradication. It's a habitability issue, and in CA, that rests on the landlord. So, unless the landlord can prove you somehow infested the place with lobsters, you can't be held liable to eradicate them.

Pest Control is a California Landlord’s Responsibility | Tenant Hub

[oregonwoodsmoke]

I don't know about any certificates about fleas, but I do know that you have to return the house in the same condition (or better) than you received it. So, if you left the house with bugs, you get to pay to have the bugs removed.

For all I know, "sand fleas" might be a local name for a bug that would be called something else in a different location.

$1500 seems a lot to treat for fleas, but if you had pets maybe the carpet needs stain treatment and deodorizing as well as flea treatment.

People with pets don't seem to be able to smell them. People without pets can always smell dogs and cats and small caged rodents, even if the owners can't. I've got dogs and I can't smell dog in my house, but I am very aware that they have an odor that is easily detectible, no matter how clean I keep the dogs or how often I wash the bedding.

If you are in California, I believe the landlord is required to provide receipts if you request copies of the receipts. Check your state law to verify that.