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Good Question: Help I've Got Rats!
Los Angeles

100808_rats.jpgWe've been having a problem with our rental house in Pasadena. We keep getting rats in the house, and our landlord does the least amount possible to solve the problem (brings over traps, pretends to look around to find where they are getting in, but does nothing). We'll catch a few, then a couple of weeks go by with no rodent visitors, but they always come back. We pay a lot to live here and keep the place spotless - and we are tired of dealing with the same problem over and over again. What are our rights as tenants in a situation like this? Can we withhold the rent and use it to hire a professional to fix the problem? I would appreciate any advice or resources you may have on hand!

 
 

Oh Erin, how terrible. We totally feel your pain and along with our readers we'll hopefully get you on track and vermin free. We found, back in the day when we were getting evicted, that facts soothe fury and frustration. So let's start there:

Pasadena Housing Department Website 626.744.6128
We gave them a quick call and they told us to call 626.813.3360 to request that the health department come out in order to check out the problem and site the owner of the building. We followed up and that number reaches a real life person (this time is was a Mr. Logan) who said to just call them up and give them the details of your address, etc.

Withholding rent is an option but will definitely escalate conflict. Before you take that step, check out this site on Tenant Rights In California which breaks down the best way to go about deciding how to resolve an issue like the one you're having. This includes a sample letter to your landlord that you intend to withhold rent and the proper facts to have in place before you take that step.

Above all, document, document, document> when you saw rats, where you saw them, how many of them and what phone calls, emails or letters you've sent to you landlord about the problem and exactly what and when they did anything. Facts in these cases are your best friends.

Readers, anyone out there have a similar problem?

[Image from CK]

Comments (17)

rats? not mice? oy

posted by elinka189 on October 8th 2008 at 9:21am
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I don't know why everyone thinks that the law is on your side when it comes to withholding rent. AT, it is wrong for you to recommend that. It's illegal and can cause them more problems. You CANNOT withhold rent because you decide you don't like something your landlord is or is not doing. The only way you can withhold rent is if the apartment has become uninhabitable, such as if you were completely overrun with rats...seeing a few every now and again doesn't count. And the only way it is legal to withhold rent even in that situation is if you MOVE...you must seek another residence and actually move AND bring legal action against the landlord...if you stay then you are basically agreeing that the home is livable, which means you must pay rent...if you move but don't bring suit you just skipped on the rent and the landlord has the right to sue you. Google self-eviction for your state and see what your rights are if you want to go that route..otherwise just call the Health Department...that is what I threatened to do when I had cockroaches and my landlord wouldn't do anything about them. That is by far the most effective, easiest, and legal way to solve the problem.

posted by amiencc on October 8th 2008 at 9:32am
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why not just call an exterminator and subtract the fee from the rent? take photos of droppings, etc., cut down ivy, patch screens, and so on. the landlord doesn"t want to be bothered, obviously, so tell him in writing what you're going to do and do it.

posted by Palmetto on October 8th 2008 at 9:34am
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Ohhhhhh cute!

posted by littlebrownbird on October 8th 2008 at 9:36am
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if this is your place of residence (not a vacation rental) you have a cause of action against the land lord. probably the easiest would be to report him/ her to the health dept at the town/ city hall. if you have kids, this matter will be expedited, if you do not may take a while. physical evidence is best, take pictures of the critter or pictures of the droppings. you really do not want to take this to court, will take tooo long and cost to much and probably not the best way to approach the land lord. but the board of heath is there to make sure that the residents of the town/ city are healthy and rats are a MAJOR health risk, they will not ignore you. Make sure that when you explain your problem, you explain that the landlord is not being "reasonable" (key word) that there are reasonable steps he/ she can take and is not doing so.

posted by elinka189 on October 8th 2008 at 9:36am
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I'm a lawyer, and here is my advice: 1. like AT says, document the crap out of this. Take photos of the evidence of infestation, make notes as to when you see rats, how many, your response, etc. 2. If you haven't already, put this in writing to your landlord. Phone calls are good but both parties can deny they ever took place. Write a letter every time this happens again, even if you've talked to the landlord. 3. See a lawyer. Every home, whether it's a rental or not, is accompanied by what is called an implied warranty of habitability and warranty of quiet enjoyment. If the problem is affecting your health, safety, or ability to enjoy the property (and assuming you're in no way responsible for the infestation, such as poor garbage disposal, etc.), you have enough, in my opinion, to pursue an action against the landlord. That said, if you're going to sue your landlord, I'd start looking for a new place, and stat. While he cannot legally evict you for suing him, he can and probably will do what he can to make your life miserable.

posted by lduncanp on October 8th 2008 at 9:46am
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the nails on that little guy are freaking me out!

posted by I Love Upstate on October 8th 2008 at 9:51am
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Oh you poor thing! I second lduncanp's advice.

My first landlord in MA failed to make my residence habitable. Mice, squirrels, leaking roof, broken plumbing, broken heating... Although he made gestures at maintenance, it was not enough under Commonwealth and City code. I moved out, and sued for my security and outstanding rent (I had paid for 6 months in one lump sum), which I was ultimately awarded (plus court costs and "interest").

One piece of advice: suing in small claims court has lower court costs and a faster turn around, important factors if you are temporarily stuck paying rent in 2 places.

posted by gquaker on October 8th 2008 at 10:16am
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Cats... big mean male cats from the shelter that can see in the dark. They spend hours on end staring at the cracks rats come out of waiting patiently for the thrill of the kill.

Make a stray cats day or week depending on how many rats you have.

posted by joeshack on October 8th 2008 at 10:44am
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Awww, cute rattie!

Call that number and check out those links. Tenant/landlord law is very state specific. Good luck.

posted by Trilobyte on October 8th 2008 at 10:45am
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_If_ you live near a grocery store or another source of new rats, you might want to consider dealing with them, too. Yes! your landlord is responsible for protecting your home, but that will take awhile. Check with your neighbors in case this a location-problem (you mentioned "they always come back.") Dealing with the rat-source could be a quicker way of solving the problem.

posted by m_j_s on October 8th 2008 at 12:13pm
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Rat or Fox Terrier..put nature to work.

posted by southwick on October 8th 2008 at 2:16pm
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ohhh... that photo is so cute.

posted by dM on October 8th 2008 at 2:24pm
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Most cats would have a hard time successfully taking on city rats. In days of old that is what "rat" terriers were used for.

Small claims court may be simpler, but there is no assurance you will get your money, even if you win, it is up to you to collect...

Good luck

posted by fjorlief on October 8th 2008 at 5:35pm
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I found this post VERY interesting since we also live in Pasadena and dealt with the EXACT same problem about 4 months ago. It's a nice, 1-level split bungalow and our neighbors also had rats. It was a nightmare. For months I swore we had ghosts until we finally figured it out.

Our landlord (a medium-sized management company) did respond in a sluggish manner. It took 3 phone calls and a HUGE e-mail chock full of super close-up, graphic pictures of the rat droppings (one photo even featured a quarter next to the droppings for perspective) before they finally sent pro exterminators. They set traps and sealed openings outside and thankfully, this cleared up the problem. (We also have two dogs but they're both big CHICKENS so I don't think that makes a diff).

The lawyer 'iduncanp' has the best advice. Document everything in writing, and make all communications in writing (letter or e-mail or both). Do not be rude, do not assume anything without credible research, and most important, do not attempt to get rid of the rats yourself. This is your landlord's job.

I really recommend a big huge e-mail that contains weeks of play-by-play documentation of rat activity, tons of GOOD photos of rat evidence, a reminder that you are a good tenant, and a cheerful suggestion that they check out some links to the LA County Health and/or Pasadena Dept. of Health, as well as some links to info about the diseases rats can carry to human habitats, like hantavirus. Wrap it up with a quote or two from the lease you signed that states that the property must be reasonably habitable. Make sure the whole thing is stated cheerfully and politely.

If that doesn't do it, I second move the hell out and go to small claims court. GOOD LUCK!!!

posted by Bx on October 8th 2008 at 9:08pm
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I had a severe mouse problem despite the fact that I was really clean. I once caught two mice in one night in my secretary desk with my no-kill trap (which I would empty into a dumpster).

The property manager wouldn't hire a contractor to patch up the holes behind the radiators and stove so I took matters into my own hands. I went out and bought a can of expanding foam sealant and filled the holes in myself. I was still finding mouse poo in my bathroom so I took in a stray cat. I haven't seen a single mouse or any droppings since I got Leroy!

posted by Cheryl K on October 9th 2008 at 4:18am
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i think the rat is a hampster...precious thing..

posted by keeks on October 9th 2008 at 5:05am
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