Author Topic: Random Renter (legal) Question  (Read 1910 times)

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Offline JayOctavarium

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Random Renter (legal) Question
« on: May 24, 2022, 08:03:44 PM »
I'm wondering if anyone can answer this. I'm in California. Specifically unincorporated Ventura County. I know that landlords are supposed to give a notice when spraying pesticides in common areas. What I'm trying to figure is if weed killers (Roundup) is part of that.  Our fucking landlord failed to give us a heads up that her lackies were on the property spraying. 

We live in a detached studio (technically it is attached to the detached garage). It's up against a hill. We have 3 Windows are are basically a foot and a half off the ground from the outside. The windows are open. One of our dogs chills on a loft bed that is basically up against and level with the window.

Fucking dude just walked passed out windows spraying up against the building.

Complained to the landlord via text about it. Her response was to tell me that Roundup is safe and if I don't like it... Leave.

Went to her door and knocked. She started screaming at me through the door before she even opened it, again basically telling me that if I want, she'll give us a 30 day notice if we want.

Literally all we want is for her to give us a heads up when shit like this is happening. Even a 20 minute heads up. But according to her... She didn't know they were coming. How's... Is that okay?
I just don't understand what they were trying to achieve with any part of the song, either individually or as a whole. You know what? It's the Platypus of Dream Theater songs. That bill doesn't go with that tail, or that strange little furry body, or those webbed feet, and oh god why does it have venomous spurs!? And then you find out it lays eggs too. The difference is that the Platypus is somehow functional despite being a crazy mishmash or leftover animal pieces

-BlobVanDam on "Scarred"

Offline El Barto

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Re: Random Renter (legal) Question
« Reply #1 on: May 24, 2022, 11:13:48 PM »
If she's going to be a cunt, ask the lackeys. Specifically, ask the head lackey, since he'll probably be there consistently. He probably thinks she's a cunt, too.
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Offline Stadler

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Re: Random Renter (legal) Question
« Reply #2 on: May 25, 2022, 07:13:53 AM »
It's not my area of expertise, so this isn't legal advice, but it's my understanding that the requirement for a third-party pesticide application is "notice".  If they posted something in the common area, they're covered.  It's a little vague as to what happens when there's a periodic, regular applications and you're an existing (as opposed to new) tenant.  I'm not sure if one notice in that case is sufficient or not, but the landlord doesn't have to personally tell you, if that's what you're wondering.

Offline pg1067

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Re: Random Renter (legal) Question
« Reply #3 on: May 25, 2022, 10:37:11 AM »
California Civil Code section 1940.8.5(b)(1) provides as follows:

"A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains" various information, including the pest or pests to be controlled, the name and brand of the pesticide product proposed to be used, and the approximate date, time, and frequency with which the pesticide will be applied.

There's a lot more to it, and I'll leave it to you to read it and ask questions if needed.

The rub, of course, is that weed killers are not necessarily pesticides.  "Pesticide" is defined in sub-section (a)(7) to mean "any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act."

Weeds are, of course, "organisms."  However, "pest" is defined in sub-section (a)(6) to mean "a living organism that causes damage to property or economic loss, or transmits or produces diseases."  I think you'd be hard-pressed to characterize weeds as "pests" using this definition.

I could find no other applicable law in the portion of the Civil Code governing residential real property.

tl;dr:  It doesn't appear that the pesticide notification laws apply to weed killers, and there appear to be no other laws specifically governing the use of weed killer.
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Offline Stadler

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Re: Random Renter (legal) Question
« Reply #4 on: May 25, 2022, 11:29:27 AM »
You're the regional expert, but I thought there was a separate section requiring notice for licensed pest control operators; it was unclear if "her lackeys" was her staff, or a firm that came in.

Offline El Barto

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Re: Random Renter (legal) Question
« Reply #5 on: May 25, 2022, 12:17:17 PM »
I'm going to throw out that while the law might be on his side, this is not a particularly good time to be butting heads with landlords. Depending on where he is in his lease, and what the terms are, she may very well be happy for an excuse to ditch him and rent it for far more money to the next taker. My hunch, as a renter my self, is that she's just hired a landscaping company to come out and tend to the place every other week, and I stick by my suggestion to buddy up to those guys. I've had enough grunt level jobs that I can relate pretty well to folks like that, and becoming chummy with them should be easy and effective. Something as simple as slinging them some good quality ice water (or cold beer) can have astounding benefits.

(I once saved my mom nearly $1500 on an AC repair simply by making a second glass of ice water along with my own to give to the guy who'd been up in the attic. That man went from replacing an expensive part with a new one to "ya know, I can probably just repair yours with a part from a dead unit out in my truck. Shouldn't cost you more than a couple hundred.")
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
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Offline JayOctavarium

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Re: Random Renter (legal) Question
« Reply #6 on: May 25, 2022, 12:31:09 PM »
Thanks for the responses peeps.


We did find that specific law regarding pesticides in California and some people have interpreted it as including herbicides. Her lackeys don't speak English. Just their boss, who usually isn't around when the lackeys are working. We also have a strong feeling that they aren't spraying brand name Roundup... And possibly not even a generic version, just based on how things usually go around here, and the landlord doesn't know or doesn't care.

I just don't understand what they were trying to achieve with any part of the song, either individually or as a whole. You know what? It's the Platypus of Dream Theater songs. That bill doesn't go with that tail, or that strange little furry body, or those webbed feet, and oh god why does it have venomous spurs!? And then you find out it lays eggs too. The difference is that the Platypus is somehow functional despite being a crazy mishmash or leftover animal pieces

-BlobVanDam on "Scarred"