Q:I am the owner of a house in Marin County that is now rented out while I am on assignment in London. We have owned the house for 18 years and have never had a problem with rats getting into the house until this winter.

When the tenants found rats in the kitchen they expected us to deal with the problem. I said that they should set some traps, which they did. Subsequently we agreed to screen off the deck area to prevent further intrusions but are not sure this will be 100 percent effective.

Can you clarify the law and the practice concerning responsibilities for control of pests? I feel that the tenant should do everything reasonable to avoid attracting rats and should also set traps if they do come in.

I can see the logic that the owner should do what is reasonable to plug up any holes or other access points. Our lease doesn’t really cover this, saying only that the tenant shall keep the premises in a clean and sanitary condition.

Property manager Robert Griswold replies: As the landlord, you need to take the lead on this one. I would suggest that you employ a professional exterminator and have them set the traps and make any other necessary repairs to minimize the attraction to the local rat population.

Also, have the professional exterminator provide you and your tenant with any concerns that they see regarding the habits or lifestyle of the tenants with the appropriate recommendations. For example, they may leave pet food outside or rotted fruit may be falling from trees. These are examples of how the tenant could be unknowingly contributing to the problem.

Then you should send a letter to your tenants informing them that you have hired the professional exterminator at your expense but that their failure to cooperate and abide by the guidelines recommended by the exterminator will prevent you from assuring them that the property is vermin free. Remind them that you need to work together and that you will be willing to do your part but you must have their cooperation. If they fail to cooperate, I would suggest that you terminate their lease or rental agreement as soon as practical.

Q: I have a lease that runs for four more months. There are five of us that live in the house and three of us desperately want out. The other two would move out as well if we were able to break the lease.

Our reasons for wanting to do so have nothing to do with the landlord; the house simply is not working out for a number of reasons including the commute, the neighborhood and the parking. Is there anyway that we can break this lease?

Griswold replies: Just because the house isn’t working for you is not a legitimate reason to break a binding legal contract. That is why many landlords offer month-to-month rental agreements. However, tenants often prefer the benefits of a lease including the fact that many landlords offer a lower monthly rent for a lease versus a month-to-month rental agreement.

You really have two options. One is to contact the landlord and see if he or she will allow you to voluntarily leave early. You may even try to sublet the property or find a new renter for the landlord.

Your other choice is to simply leave and you will be responsible for the balance of the lease unless the landlord is able to rerent the property before the lease expires.

Send questions to Rental Roundtable, 5703 Oberlin Drive, Suite 300 San Diego, CA 92121-1743, or by e-mail to rgriswold@retodayradio.com.

Source:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/12/31/REG3GN62331.DTL