Q: I live in a moderate-size apartment complex and pay $1,075 for a one-bedroom apartment with a bay view — well below the market value. However, this building has lots of bugs, including spiders, ants, large water bugs, cockroaches, termites and silverfish. I had pest control spray once last summer, but the termites were back in full force after a week. I’ve had people tell me, “It’s California and you’re going to have bugs no matter what.” I think this building needs to be tented or condemned. Do I have any rights, and do I just move on and let the next person deal with this?

Tenant’s attorney Steven R. Kellman replies: While it is true that in the real world we must accept the limited and occasional presence of certain insects in or around our homes, we are not required to share our homes with them as if they were roommates.

You have the right to live in a unit maintained by the landlord to be free of significant defects affecting habitability. The law in California (and most all other states) recognize insect infestation as a defect affecting habitability.

California specifically states the unit must be free of “infestation of insects, vermin, or rodents.”

The law will not protect you if poor housekeeping is the cause of the insects. Also, most jurisdictions will not recognize termites as insects that affect habitability unless the infestation becomes severe.

Keep your home clean and notify the landlord verbally of any significant presence of insects, and then by letter if no action is taken. If your landlord is still unresponsive, you may contact your local housing inspector for assistance.

Although withholding rent is an option, great care must be taken since, if you are proven wrong as to the level of infestation, you could be evicted. You may also simply vacate the home, but be sure to give proper notice before doing so. If you are on a lease, you may use the insect infestation as grounds to break that lease, but you should seek legal counsel before attempting to break any lease.

Q: I made an oral agreement with my landlord to purchase the house I have been renting for more than eight years. We agreed on the purchase price and that I would pay the closing costs, while he would address some cosmetic issues at the house.

He also needed to complete the division of the property, as there are currently two houses on one lot. He told me he would have it done in 90 days.

Then, a few months ago, he approached me about adjusting the proposed boundaries of our properties by taking 4 feet or approximately 220 square feet from the back of my property to add to his property. We ultimately compromised and agreed on half of his request.

I thought everything was settled until he called last evening to tell me he is backing out of the deal. He said he now thinks that with the lot split the property is worth twice as much as he originally thought. Do I have any legal recourse?

Property manager Robert Griswold replies: You need to immediately contact an attorney that specializes in real estate transactions.

An oral agreement for the transfer of real estate is not valid. You made a mistake by failing to put your agreement to purchase this property in writing. At this point, I urge you to spend money to obtain competent legal counsel.

It is likely that the owner will prevail unless you get an attorney immediately to begin protecting your rights. Retain an attorney who has experience specifically in these types of real estate transactions.

You also may be able to seek additional damages for the property improvements you made in anticipation of purchasing a portion of the property. So be sure you immediately document and put the owner on notice for the work you did in preparing the property for the appraisal.

You should ask your attorney about any legal rights you may have to place a lien on the property for your labor and materials.

Source:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/11/REGJ0NVBEO1.DTL