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A Neighboring Restaurant’s Rats Are Attacking My Apartment

A Neighboring Restaurant’s Rats Are Attacking My Apartment

A Neighboring Restaurant’s Rats Are Attacking My Apartment

I live above a restaurant in a one-bedroom I’ve had for over four years. There are two other residential units in the building. Lots of stuff breaks all the time in my place, and I’m sort of embarrassed to tell you that I’ve just gotten used to it over the years. The people who manage our building “fix” things pretty quickly, but stuff is never fixed for very long.

Anyway…while the constant plumbing leaks and appliance crap-outs are a nuisance, the latest problem is one that is, to me, downright dangerous. It appears we have mice or rats living in our walls (or, at least, traipsing through on a regular basis), and they have chewed through the wires of our doorbell buzzing system (more on that in a minute).

I happened to hear the rats last week, just as I was getting ready for an out-of-town trip for work. There was definite gnawing and scratching so loud from between my bathroom wall and the wall on the outside of the building that I was expecting to see an animal break through my wall at any moment. As soon as I heard it, I thought about our doorbell system, which has been “fixed” three times this year, and is broken again. Hmmm…

The property managers don’t have email, so I called them (I know you like to have everything in writing, and going forward I will do just that, but I was hoping you’d have some tips for me on things I definitely need to say in a forthcoming letter to the managers). They sent out an exterminator who determined that the rats/mice/whatever were coming up from the restaurant that makes up the bottom floor of our building. Our property managers told me they have “no control over commercial space,” and that the best they could do was send a “strongly worded” letter to let the restaurant know that someone would be calling the Health Department (and then they told me I would have to be that “someone”).

When I got home, I did call the Health Department, twice. I have not heard back yet, though it was Thanksgiving week, so maybe Anita (the person who I was supposed to speak with) was away. Anyway… At the same time that this was going on, PG & E pink-tagged my heater, saying it was unsafe due to a valve that was leaking gas, so I got a new heater. This meant contact with an electrician–the same electrician who has determined that, at long last, our doorbell system does not need fixing, but rather complete rewiring. When I asked him if, by chance, the wiring was shot from rodent damage, he replied, “Oh, most definitely. You can see it.”

1. While the rats may be coming from the restaurant, shouldn’t my landlord be doing something to ensure that our building is safe?

2. How can I make sure the Health Dept. responds to my complaint, if this coming week goes by and I still don’t hear back? Should I be making a paper trail for those conversations, too?

3. What are the “must-says” in my first letter to the property managers (besides recapping what has happened on my part–and not happened on theirs–so far)?

4. If nothing gets done once I start a paper trail with our property managers, what can I do?

A last bit of info that may or may not be relevant: The building owner lives in another city; the people I deal with are the property managers, whose office is near my apartment.

You can sign me “Frustrated and Out of Ideas,” ’cause that’s what I am.

Dear Frustrated,

I am frustrated too, frustrated with so-called property managers who refuse to do their job. What? Your property managers don’t manage the entire building? I find that hard to believe. Of course they have control over the commercial space. They should be relaying your complaints to the restaurant, as should you. They should be made understand that the landlord, their client, could eventually be sued. They could also be sued as the landlord’s agents.

Rats and mice are a well known public health problem. The San Francisco Department of Public Health has a special Rodent Abatement Program which is both proactive and complaint based. One can complain to the DPH about a variety of public health issues including rats mice and bedbugs. You have already called them but note that you can email them as well.

You didn’t mention if you contacted the restaurant. I think you should write them a letter as well. You should also look into “reviewing” them on Yelp, Urban Spoon, CitySearch, and any number of internet review sites out there. Remember if the rats made it up to your place there are plenty more in the restaurant downstairs. I frequent many restaurants and I don’t want to have to guess if that thing in my salad is a currant or a turd.

You should also copy all of your correspondence to the owner of the building. He or she may not know the whole story given the sloppy management.

Stay vigilant with DPH and also complain about the restaurant if they refuse to take steps to abate the problem.

Given the condition of the building and the inadequate repairs, you should also call a Housing Inspector at the Department of Building Inspection. Make sure that you are able to show the inspector everything you think may be a problem. If there is evidence of rats or mice, the Housing Inspector will note that too.

Take photographs. If you can trap a rat and snap a photo, there isn’t much more dramatic evidence. See for yourself at my blog post, Every Tenant Has One.

As you develop evidence make sure the managers and the owner get copies. Continue to press them to repair and exterminate. You should also demand that they partially credit your rent for decrease in services.

Finally, if the landlord’s response is inadequate or nil, file a petition for decrease in services at the Rent Board.

As usual, I recommend that you bring all of your documentation to the San Francisco Tenants Union to develop your overall strategy.

Living above a restaurant is never easy. One always runs the risk of rats, cockroaches and other vermin attracted by the food. There’s also noise and ventilation grease and late night activity. I would never live above a restaurant unless the establishment and my apartment were separated by several stories. And the rent would have to be cheap.

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My Landlord’s Trying To Punish Me For Complaining About Lead Paint

My Landlord’s Trying To Punish Me For Complaining About Lead Paint

My Landlord’s Trying To Punish Me For Complaining About Lead Paint

Lead paint.

I have been living in my apartment in Oakland since August 2009. When I moved in with a roommate, we had one property management company, and now we have another (the second one bought the first one out). About 8 months into my residency here, my roommate moved out and my boyfriend and his young daughter moved in. We went to our property management company and filed an addendum but we cannot locate our copy of this. We also paid a $35 credit check fee in cash. Not long after this, we received a letter that we have a new property management company, and to send our checks there. When my one year lease was up, they requested that we come in to the office to sign another addendum. We did, and we entered into their log book that we did. They told us that their copier was broken and could not give us a copy at that time, and with a hyper 2 year old becoming less easy to contain by the minute, we agreed. At this point, we’ve now filled out the paperwork twice to add my boyfriend to the paperwork. This was in about August 2010. We never received anything in the mail, and they kept cashing our rent checks.

This month we noticed that our bathtub was chipping (our building is from 1924). We bought a lead test kit and found that it was dangerous to bathe the kid. In the back and forth with maintenance and our property management company, they all of a sudden stopped talking to my boyfriend about the problem, saying that he is not on the lease or any other paperwork for that matter. The last time I talked with the owner of the prop management company, he was quite literally screaming at me that if we don’t come and fill out an application and pay the $35 credit check fee within 24 hours, he will process eviction paperwork for us because my boyfriend is ‘squatting’.

Our checks that we pay rent with have both of our names with our current address on them. Does this give my boyfriend any sort of tenancy? Is it possible to be a squatter if you have been paying your rent on time every month?

I really believe that they are upset at us for complaining about lead paint (not only in our bathroom, but throughout our entire apartment as we have now found out) and are retaliating by looking through the paperwork to find anything wrong, or by ‘losing’ the paperwork all together. Is there anything we can do? I have been laid off and we are struggling to make ends meet, and I have no idea what we will do if we lose our apartment with our rent controls. Please help us. Is there anyone that we could even talk to?

Isn’t it interesting that the management company conveniently lost any evidence of previous consent to your boyfriend’s tenancy only after your complaint about a serious problem? This is a classic retaliation by the landlord as prohibited in California Civil Code 1942.5.

Before I discuss any legal remedies or defenses you may have, I can’t be emphatic enough, YOU MUST PROTECT YOUR CHILD FROM POTENTIAL LEAD POISONING! Lead is especially harmful to children and can cause many health problems including brain damage.

You should immediately call the local enforcement agency for the Childhood Lead Poisoning Prevention Branch of the California Department of Public Health. The website shows that Alameda County Community Development Agency is the local agency for Oakland. The website indicates that Maricela Narvaez-Foster, RN, MA is the Coordinator and can be reached at 510-567-8294. Her email ismaricela.foster@acgov.org.

My experience with the San Francisco program is that they are very responsive and very concerned about the child’s safety. When they write a Notice of Violation it has some teeth.

I also recommend that you call Oakland Building Services to complain about violations of the Oakland Housing Code. I’ll bet your unit and your building has more violations than peeling paint.

You may also want to call the Environmental Protection Agency Hotline at 1(800) 424-5323, to learn more and to ask if the EPA can provide you with any help.

If you have some well-documented complaints, and hopefully, some violations on the record, the law presumes that the landlord is evicting you with a retaliatory motive. Any notice to quit or unlawful detainer served within 180 days of your complaints creates the presumption, as long as you keep paying your rent.

Speaking of documentation, if you read Tenant Troubles, you know I always tell tenants to communicate with their landlords in writing. I also tell them to insist upon receiving receipts when they pay for something in cash. California law requires a landlord to give you a receipt for a rent payment.

For future reference, if a landlord cannot give you a copy of your lease, or in this case, an addendum to lease, because the “copy machine is broken,” tell them you’ll wait while they go to Kinkos to get a copy.

Oakland Measure EE which provides for just cause eviction, clearly provides that that a landlord’s consent to a sublet is presumed if the landlords fails to respond to a tenant’swritten request to sublet after 14 days. The problem is that you don’t have a copy of a written request.

You boyfriend is a tenant under Measure EE, and given the facts as you state them, I think a jury would be loathe to evict you.

You should be ready, however, to respond quickly to any notice you receive for the landlord. Check in with Causa Justa in Oakland and the East Bay Community Law Center to prepare yourself for a three-day notice and possible unlawful detainer (eviction lawsuit). Begin to put together a folder with any evidence you may need to defend yourself.

Tenants: This is a cautionary tale. Always communicate with the landlord in writing, email is fine. Always get and save receipts when you pay cash. Always get and save a copy of your lease. It’s unfortunate that tenants have to act like lawyers, but that’s realty in a rent controlled jurisdictions theses days. Landlords will do anything, including flat-out lying, to evict you and increase their cash flow.

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What Constitutes a “Decrease In Services”?

What Constitutes a “Decrease In Services”?

What Constitutes a “Decrease In Services”?

I have lived in a particular flat in the Mission for about 3 years. It was in horrible shape when I moved in, but my partner and I cleaned it up. The landlord always comments on how great it looks.

The problem is that there are a number of maintenance issues that never seem to get addressed. There are some wiring issues in the front of the flat where the lights don’t work. The roof leaks in several places, as well as the windows. The linoleum in the kitchen is peeling and there is a chronic mold problem in the bathroom (tub needs to be re-grouted).

Also, it doesn’t appear that we have regular trash service as we throw it out on our back stairs and it doesn’t get taken away every week. He also has refused our request for our FREE recycling and composting bins. I’ve written a couple of letters and I pretty much get a flat out “no” (in terms of the lights, flooring, garbage bins) or it takes him months to get anything done (like the roof, which is still a work in progress).

I almost want to call an inspector to force him to make the fixes, however I’m afraid that we will have to move out for an extended period of time and we risk losing the place. Our landlord only owns one rentable property, the rest of the building is his small business.

His main excuse is a lack of funds, which I can sympathize with. However, I would like to know what our options are. As I mentioned, the place was pretty much in worse condition when I moved in so I’m not sure if a “decrease in services” rent reduction is the way to go.

Of course you have a decrease in services! You’re living in a unit with a leaking roof, faulty wiring, persistent mold and no garbage service. You could be describing a trailer in Mississippi as opposed to a flat in San Francisco and your rent should be reduced accordingly.

This may be difficult to fathom, but you could be living in a death trap. I recently spoke to a tenant who described similar living conditions that were a pain in the ass but bearable because the rent was cheap. Bearable until the electrical outlets started sparking and a fire broke out in her young daughter’s bedroom.

Your landlord is a classic Cheese Ball. He’s so cheap he squeaks. He’s not above collecting your overpriced San Francisco rent. He’s happy to take all of the tax write-offs that are available to him and not to you. He’s a shabby little version of an insurance company–he wants to take your money and provide nothing in return. Believe me, the landlords who cry poor, like insurance companies, are some of the richest ones out there because they’ve squirreled away all their dough. In the worst cases these landlords kill tenants.

As I describe in Wet, Cold, and Moldy, my first SF Appeal column, you have already notified the Cheese Ball and now you need to do something about it.

Call a housing inspector from the Department of Building Inspection. Check to see if the building has complaints or violations from the past.

What? No garbage pick-up? You throw the garbage on the back stairs? Are we still living in the 18th century? Landlords are absolutely required to provide garbage service for both residential and business tenants. San Francisco Health Code 291.1, et seq. (and following sections) is clear on this point. Landlords who fail to provide garbage service can be convicted of a misdemeanor.

Will you be forced to move from your apartment because of the repairs? I think it is unlikely because the repairs do not, from your description, seem to be extensive enough to render your unit completely uninhabitable.

You may, however, reconsider moving out when you get sick of the landlord coming over every day to “inspect” rather than doing any work on the place. For this reason I insist that landlords use licensed contractors and that they provide 24-hour written notice pursuant to Civil Code 1954.

When all the violations are in place you should certainly file a petition at the Rent Board to reduce your rent due to substantial decreases housing services or call a competent tenant attorney to considering filing a lawsuit.

Good luck. You’re going to need it.

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How Do I Get My Landlord To Pay For Property Damage They Caused?

How Do I Get My Landlord To Pay For Property Damage They Caused?

How Do I Get My Landlord To Pay For Property Damage They Caused?

The neighbor below me had the ex-apartment manager work on her radiator and he didn’t put the parts back together correctly. He still works for the management company, Laramar S.F. Urban. She turns it on, and leaves for the day. The pipe to the radiator wasn’t sealed correctly, so steam filled the apartment for more than 8 hours, saturating the walls and ceiling, causing the kitchen linoleum to peel, and when the fire alarm finally went off as the front door was opened, the hallway filled with so much steam, it was raining.

Laramar scraped some paint, put down some tile and want her to move back in. She’s terrified that that the lead at 380 ppm (she had the radiator water tested) means it’s going to outgas lead and who knows what else, and mold is growing, and Laramar has done nothing for her; she’s living at her office. This happened January 7th, 2010 and she’s faithfully paid her rent. DBI says the work done so far is substandard and not enough.

What should my neighbor be doing to get paid back for all of her things, and get moved into a different unit? She doesn’t want to move back in to the old place, it’ll take too long for them to really do the right kind of repairs, and now she’s scared of the place. In part, because she saw the men scraping away at the bubbled paint, and realized none of the lead safety procedures for repairs were being followed. I should tell you this is a person takes immaculate care for her place, pristine custom white carpets and padding, that sort of thing. Thanks, the upstairs neighbor, wondering about his lead exposure….

This happens more than one might think. I have represented two clients with similar fact patterns. In one case the repairman forgot to install the safety valve on the radiator. My client was gone for the weekend and the apartment got a steam bath for two days! Yikes, the photos were frightening…sheets of paint hanging from the walls and ceilings; floorboards popping up; electronic equipment dripping water.

In his case, he was able to make and settle a claim with the landlord’s insurance company. Unfortunately, your case might not be as easy: I am currently working on a case involving Laramar. It took the DBI housing inspector a week to find out where he even needed to send the notice of violation. But whoever and wherever they are, they’re still liable for you neighbor’s damages if they made the defective repair.

Notwithstanding the difficulty dealing with the landlord, I’m still perplexed that your neighbor “faithfully paid her rent” for three months, while, if you are correct, there were substantial uncorrected violations cited by DBI.

Civil Code 1942.4 essentially provides that a landlord may not demand rent or collect rent if, 1) the unit is substantially uninhabitable; 2) a notice of violation has been issued; 3) the conditions have not been abated for 35 days beyong d the service of the notice; and 4) the tenant did not cause the defective conditions.

Now, am I telling your neighbor to stop paying her rent? No. But could she have legal justification to do so? Yes. You neighbor should seek the advice of a tenant lawyer or a knowledgable tenant counselor immediately. She should go to the San Francisco Tenants Union.

Given the facts as you have stated them, it is clear that the landlord should, at least, pay for any damaged personal belongings and any expenses she incurred staying away from the premises.

We all know that lead in the environment is especially harmful to children. If you have children and the landlord wants to repair this type of damage in the unit, you should immediately call the Childhood Lead Prevention Program of the San Francisco Department of Public Health. If they write a violation they require that it is abated by a licensed lead removal specialist. Those guys wear HAZMAT suits!

Lead is also harmful to adults. The only way to determine if the “offgassing” is harmful would be to test the unit thoroughly. I tend to think that you are not in danger, but it would be interest to test other areas of the building to rule that out.

The bottom line is that your neighbor must become more proactive. She must develop a strategy to deal with this that may include terminating her lease and suing for constructive eviction. She will likely have to sue for damages anyway. Sure, it may be difficult to collect, but caving into fear, or inaction and faithfully paying the rent affirms a landlord’s belief that they are above the law.

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Pigeon Poop Problems

Pigeon Poop Problems

Pigeon Poop Problems

Now that the weather is getting warmer, I’d like to open my windows and get some fresh air in my apartment. The problem is that the windows and building are filthy grimy and covered with pigeon poop on the outside. The ledge and the side of the building are too. If I open the window the soot all blows into our apartment and I don’t even want to know what diseases could come from the poop. Are landlords required to wash the facade of a building? What about windows? I can still see out of them, but just barely. And if a landlord is required to do this, how can I get mine to do it? Our landlord does the bare minimum to maintain our building.

My friend, Emma, is two and a half years old. She’s a big girl now and doesn’t need a diaper. But three or four months ago she could fill a diaper as well as any 6’5″ sailor who ate all the beans in the galley. I’m talking arm pits to knees! Where does it all come from? It’s as if small children are packed with adult-sized digestive systems. Same with pigeons; they generate a remarkable volume of poop given their size. Maybe it’s because they will eat anything, including the bodies of their fallen comrades.

Everyone who lives in a city has a pigeon story. I used to drive an MG convertible. I remember waiting at a stop light on Division Street. I happened to look up and from the steel girder above I noticed a pigeon’s ass maneuvering to drop a bomb. I couldn’t go anywhere! I ended up with what seemed to be a bucket load of shit running down the back of my shirt. Needless to say, I don’t believe any of wives’ tales about pigeon poop bringing good luck.

In fact pigeon poop is dangerous. There are several diseases associated with p-scat. Pigeons are the subjects of eradication programs throughout the world’s large cities.

In San Francisco, we have laws prohibiting the feeding of pigeons. The San Francisco Department of Public Health has a program devoted to dealing with pigeons and their excrement. If you have already complained to the landlord about the problem in writing and he has done nothing, call them.

I am not aware of any specific legal requirement for landlords to wash windows or facades of their buildings. But I’m willing to bet that there are other issues with the building and your apartment, given the lack of maintenance. Take a look around and check to see if there is peeling paint; windows that won’t open (sealed shut with shit?); cracks in the walls; leaks; other safety hazards, etc. If you believe there are violations, inform the landlord in writing. Again, if he doesn’t respond, call a Housing Inspector with the Department of Building Inspection, make a complaint and arrange for an inspection.

If the landlord tells you there is nothing he can do, maybe he needs a diaper.

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Roach Recourse?

Roach Recourse?

Roach Recourse?

I moved into a studio apartment about three months ago, and am having a few problems with pests. First of all is a persistent ant problem.Of greater concern (to me) is a total of three cockroach sightings: one adult, and two that looked like babies. I have notified my landlord in writing whenever I’ve seen a roach; he also knows about the ants, but I’m sure he can’t do much about them. Our building is sprayed semi-monthly. In a past column you mentioned that pests aren’t covered by San Francisco housing code. Do I have any recourse if I keep seeing roaches? I’m not sure if I can live with them!

I need to set this straight. While I reported that pests are not necessarily covered by the housing code, they are certainly covered by California Health and Safety Code 17920.3 (a)(12), which provides that any building or unit in which there is an infestation of insects, vermin, or rodents as determined by the health officer that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building.

The question is: Will a health officer, an inspector from the San Francisco Department of Public Health, find that an ant infestation rises to a level that endangers the life, limb, health, property or safety? I honestly don’t know. You have to contact a health inspector (which you can do via 311) to find out. As I pointed out in Tenant Troubles: Ant Infestation “[A]nts do not carry disease, nor do they make it a habit to bite people unless they are molested.” The San Francisco Department of Public Health does not list ants as a health code violation.

Cockroaches, on the other hand, do carry disease and are uniformly recognized as insects that do endanger safety and welfare. Contact the DPH (again, via 311) to report a complaint if you see that your cockroach infestation is becoming a problem. Frankly, I’m not sure that a three cockroach sighting amounts to one. DPH will tell you what comprises an infestation worthy of concern to them.

Frankly, it seems like your landlord may be trying to be vigilant, given the fact that he sprays for pests on a semi-monthly basis. I’m not so sure that you could demonstrate a decrease in services for purposes of a Rent Board petition, given the facts as you have stated them.

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Ant Infestation

Ant Infestation

Ant Infestation

This is probably something a lot of people are going through with the cold weather: ant infestation. I rent a half-submerged basement in-law, and the landlord lives in the upstairs part of the house. I’ve lived here over four years and know the LL well. I also know the ants well, and have been vigilant this year. I have watched a giant swarm in the back yard walk over our Grants for Ants stakes for weeks, while spraying Orange Guard all around the base of the house and windows.

Then, at the beginning of the cold snap, the ants were gone. My stomach sank. I knew they were in the house. A few days later they made their ingress at the base of our food pantry, and there were suddenly hundreds of ants swarming on those food shelves, and over to more food shelves on the other side of the house. Luckily we double ziplock and tupperware most of our food, but it was a sign of doom as far as I’m concerned. I took pictures, cleaned, and left the LL a voice message. He told me to spray raid and that an exterminator is very expensive. Now they are in my bedroom and in the bathroom, going after crumbs from lunches long ago and morsels of catfood. I’m still cleaning and photographing, but nothing short of an exterminator is going to make them go away at this point. What are my rights???

I read a little factoid the other day that stated the combined weight of all the ants in the world is approximately the same or greater than the combined weight of all human beings. Ants are the perfect Stalinists. As we all know, ants are omnivorous, industrious, well-organized little creatures that could devour the whole world if they were as large as say, golden retrievers. They are also smart enough to go inside when it gets cold.

When I read your question, I was not convinced that an ant incursion rose to the level of a housing violation because ants do not carry disease, nor do they make it a habit to bite people unless they are molested. We’re just too big for them to eat. I asked a San Francisco housing inspector if it was their policy to write a violation on a unit with an ant infestation. He confirmed my suspicion and told me that they do not. In fact, he reminded me that pests in general are not covered in the Housing Code.

He pointed out that when ants do emerge as a complaint, housing inspectors can refer the complaint to the Environmental Health Program of the SF Department of Public Health, which in turn, assigns a Health investigator or inspector to perform an inspection. When you click on the site, notice that ants are not mentioned in the list of pests. So my general advice to tenants with ants is that you can make a complaint, but I’m not so sure that much can be done to make the landlord exterminate them.

You, however, have a bigger problem! My guess is that you are living in an illegal unit. If you share your electricity with the landlord or your utilities are included in the rent it is very likely that the unit does not have a Certificate of Occupancy. Generally it is not a good idea to call housing inspectors because they could notice, for example, no secondary means of egress, and violate the whole unit. The landlord, to abate the violation, would have to give you a 60-Day Notice to Vacate, pay you half of the
href=”http://www.sfrb.org/Modules/ShowDocument.aspx?documentid=1928 “>statutory relocation fees,
pay you the other half when you vacate, and remove the kitchen from the unit.

You need to discuss this with a qualified tenant counselor before you begin to make complaints about your landlord. Go to the San Francisco Tenants Union or the Housing Rights Committee of San Francisco.

I hope I’m not sounding too flip, but in the meantime, try Raid. I use it very effectively in a building that houses at least a billion ants. I just spray at the point of entry. Granted, my unit is not below ground level, but Raid works for me.

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