Roach control and painting charges

I live in Fresno, California. I have just moved out of a two bedroom apartment which I leased for over seven years on a year to year basis. When I moved in I put down a $900 deposit.

The management did very little in the way of upkeep to the place, especially when it came to the roach infestation, flooring, and painting. I had complained about the roaches numerous times over the past three years or so when they first started to come in through the walls, but they did little more than put bait on some of the cabinet hinges every six to eight weeks, which did no good against the bugs. I sprayed with all different kinds of commercial products at my own expense, too, but was never able to get rid of them because they were coming in from other apartments in the same building (it is a four-plex).

Now the manager is telling me that I will be charged for painting and pest control, and that I may owe even more than the $900 I put down on it to begin with.

The way I understand it with the painting is as follows:

Repainting walls:

One approach for determining the amount that the landlord can deduct from the tenant's security deposit for repainting, when repainting is necessary, is based on the length of the tenant's stay in the rental unit. This approach assumes that interior paint has a two-year life. (Some landlords assume that interior paint has a life of three years or more.)

Length of stay and deduction:

Less than 6 months - full cost
6 months to 1 year - two-thirds of cost
1 year to 2 years - one-third of cost
2 or more years - no deduction

Using this approach, since I lived in the rental unit for more than seven years, I should not be charged for any repainting costs, no matter how badly the walls needed repainting when I moved out.

I have been unable to find anything so far on the Internet about the roach situation, but I don't believe I should be held responsible for it, either, especially since I had to live in substandard conditions due to the infestation.

I would appreciate any input on these issues as to what my actual responsibilities are to pay for these conditions of the apartment. I am in the process of contacting my local legal aid office for advice, as I am also a low income individual (SDI & SSI).

The way I understand it is that they have 21 days from the time I moved out (September 3rd) to present me with either my security deposit in full or a statement of deductions as they see fit. I will then be prepared to dispute their deduction claims depending on what I find out here and from my local legal aid office.

Thank you all in advance for any help you can give me, and sorry to be so long winded about this, but I just wanted to make sure I got all the details down in the forum here.

You've done your research and you're very well prepared. There is a statute regarding infestation which is typically a landlord responsibility; I believe it could be argued to make the premises "habitable."

The State Housing Law, H&S § 17920.3 states (in part):
Inadequate sanitation shall include, but not be limited to, the following:
Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
Lack of, or improper kitchen sink.
Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
Lack of adequate heating.
Lack of, or improper operation of required ventilating equipment.
Lack of minimum amounts of natural light and ventilation required by this code.
Room and space dimensions less than required by this code.
Lack of required electrical lighting.
Dampness of habitable rooms.
Infestation of insects, vermin, or rodents as determined by the health officer.
General dilapidation or improper maintenance.
Lack of connection to required sewage disposal system.
Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. "

If you don't receive either within the 21 days, I'd suggest a written letter from you (w/signature receipt required) requesting the full refund of your security deposit minus reasonable repairs (painting is not necessarily included.) Keep a copy for your records. Then, if you receive no response, go for it, either through landlord-tenant mediation or small claims court. Typically, you're responsible for returning the unit in the "same condition" as you rented it and in reasonably clean condition. (see the link I forwarded.)

Good luck. I've forwarded a link via private message above that should help with your questions.

Just to add a little bit to this, generally, reasonable wear and tear is excepted.

And under your circumstances, I would agree that you are not responsible for painting and pest control.