pests/vermin clause (by Morgan [MA]) Dec 3, 2022 9:59 AM|
pests/vermin clause (by Robert J [CA]) Dec 3, 2022 10:43 AM
pests/vermin clause (by Adele [FL]) Dec 3, 2022 11:23 AM
pests/vermin clause (by Vee [OH]) Dec 3, 2022 12:33 PM
pests/vermin clause (by Morgan [MA]) Dec 3, 2022 1:08 PM
pests/vermin clause (by Sean [MA]) Dec 3, 2022 2:25 PM
pests/vermin clause (by Morgan [MA]) Dec 3, 2022 3:10 PM
pests/vermin clause (by Ray-N-Pa [PA]) Dec 3, 2022 8:41 PM
pests/vermin clause (by zero [IN]) Dec 4, 2022 7:37 AM
pests/vermin clause (by BRAD 20,000 [IN]) Dec 4, 2022 3:36 PM
pests/vermin clause (by zero [IN]) Dec 4, 2022 7:11 PM
pests/vermin clause (by Morgan [MA]) Dec 4, 2022 11:16 PM
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pests/vermin clause (by Morgan [MA]) Posted on: Dec 3, 2022 9:59 AM
Well I guess vermin are considered pests but after watching Judge Judy,.a cranky tenant left before her lease was over and "used" her sec dep as last month's rent because after being there for a few years she saw rats,..According to here lease it said that removal/treatment of all all pests are the responsibility of the tenant.
After being that long,.there were no claims of any vermin problems until of late. That maybe the rats were attracted to her lifestyle. Anyway she claims that she hired a exterminator and went out a number of times but she still occasionally sees a rat.
However because of that lease inclusion (and maybe because rt before that this tenant asked to reup if the rent wasn't going to be raised) Judge Judy found for the landlord
I don't remember the exact wording that the landlord used. Do you have such a clause in your lease or rental contracts?
If so can you share how you worded it? --185.202.xxx.xx
pests/vermin clause (by Robert J [CA]) Posted on: Dec 3, 2022 10:43 AM
If you had rental property in Southern California in a big city, not the country, and tried to make "tenants" responsible for pest control, you would be laughed out of court (Eviction or small claims) -- unless you had your pest control company testify with picture before the judge that the cause of the pest were created by your tenants.
pests/vermin clause (by Adele [FL]) Posted on: Dec 3, 2022 11:23 AM
Get the rat boxes like commercial properties use. Check them and keep them baited around your places. Sure, you may help kill rodents from far and wide ( not just at your residence) initially, but a dead rat in the walls for three weeks (and tenant complaints) is much worse! --174.239.xx.xxx
pests/vermin clause (by Vee [OH]) Posted on: Dec 3, 2022 12:33 PM
One of the screening steps is in-home inspection, what you see is what you get. All food items to be kept in secured containers, dog food is one of the worst offenders - one of many reasons I do not accept animals ( 2 or 4 legged versions). --76.190.xxx.xxx
pests/vermin clause (by Morgan [MA]) Posted on: Dec 3, 2022 1:08 PM
So you are saying a judge would say a clause that said
tenants will be responsible for hiring an exterminator to deal with any rodent problems ,esp if they have been there for a year or more, would be illegal?
I thought a clause that you both sign unless expressly illegal by law would be enforceable.
pests/vermin clause (by Sean [MA]) Posted on: Dec 3, 2022 2:25 PM
I am going through this now in MA in one of my 5 unit buildings. Had a roach problem. Three tenants called the board of health, who sent me all kinds of paperwork indicating extermination is on the landlord. Had an exterminator find 2 large roach nests in/under the slobs in unit 1. I gave them notice since they violated a clause in their lease which stated the must keep their unit clean and I billed them for the extermination fees since their negligence caused/perpetuated the roach existence (also a violation of their lease). They didn’t pay and then stopped paying their rent. The lawyer said it was a losing eviction case. Went to housing court and we struck a deal in which they agreed to leave and pay some of their rent. I just wanted them out, so knowing I got that and possibly some rent money was a win. We will see how it goes. But like Robert said, in order to have a chance you would need lots of proof…and even then, you still might lose the case in MA. --172.58.xxx.xxx
pests/vermin clause (by Morgan [MA]) Posted on: Dec 3, 2022 3:10 PM
Interesting, What part of Ma are you east-west -north or south.
Do you have anything in your lease/rental contract that says extermination costs are the responsibility? Good ole Judge Judy is usually not on the side of of landlords but because it was in the contract she did side with the LL,.
I might understand if vermin was discovered some after occupancy, But if one was there for a good long time, it would seem to be the tenants problem as far as paying for an exterminator.
I notice on almost all these TV judges shows, they always ask, "well what is in the lease that you both signed?" and that, unless its something definitely illegal, it rules. Again, they are not in Ma. but isn't they law supposed to be the law?
pests/vermin clause (by Ray-N-Pa [PA]) Posted on: Dec 3, 2022 8:41 PM
Can't speak to your commonwealth, but in ours if the unit is a multifamily unit.....the lease can say anything, but it is landlords responsibility. Is this a single or a multi? --24.101.xxx.xxx
pests/vermin clause (by zero [IN]) Posted on: Dec 4, 2022 7:37 AM
My lease has this in it:
Premises have been inspected and is presumed to be free from pests. Landlord must be notified within 72 hrs of occupancy of any infestation. After that time roaches, fleas, bedbugs, mice, ect. will be the sole responsibility of the tenant to treat. Premises will be re-inspected after Tenant leaves. Costs for any treatment needed will be charged to Tenant.
For a long while I was having my bug guy do the inspections. He kept taking longer and longer to do the inspections so I just do them myself now. He has taught me a lot over the years.
I have had to refer to this section of my lease a few times. Bedbugs, fleas, mice, ants and spiders once or twice.
Used to cover the costs but then realized the tenants were causing the problem. So the wallet training started.
One guy saw me working outside and asked me to come in and see his $5 chair. He got it at a local thrift store. He was so proud of that chair. I could see the bedbugs without a special inspection. That was a very expensive chair for him.
Had another tenant that was always struggling with the rents, electric, etc. She had cats. I asked is she had fleas to which she responded "No, I don't have fleas. My cats do, but not me!"
I do not miss her at all. --107.147.xx.xxx
pests/vermin clause (by BRAD 20,000 [IN]) Posted on: Dec 4, 2022 3:36 PM
Please please PLEASE do not learn from Judge Judy. I cannot stand to watch her (Wifey does) because she does not follow the law and she discriminates based on appearance and on what SHE thinks the person did, and does not allow all evidence.
My lease is clear: Resident has inspected the home and agrees it is bug and vermin free. Resident has toured other homes and picked this home.
Resident is responsible to notify management within 24 hours of noticing a problem of any kind. Management is not responsible if the resident has not notified Management by completing a Maintenance Request on Management’s website which is available 24/7/365.
Pest control is part of every day normal housekeeping and as such is the responsibility of the resident.
Each clause is initialed at lease signing.
Also, the Move In Condition Report (signed), Management has treated routinely for pest control. This treatment lasts approx 30 days. Under ‘RESIDENT WILL’ we write “treat for pests every 30 days.”
In Indiana, Health Code places pest control in multis on the LL. Rather than be sued if someone has a reaction to chemicals we approve $20 for them to buy treatment supplies at WalMart or Lowes as long as they show is a receipt proving the DID buy something appropriate.
ALWAUS treating at turnover GREATLY reduced our roach and bedbug problems.
TIP: they complain to the judge about CONDITION, not unpaid rent!
pests/vermin clause (by zero [IN]) Posted on: Dec 4, 2022 7:11 PM
We started treating at every turnover a little while back. I rarely have issues with pests, but I feel better with doing the treatments.
I started putting DE into the receptacle and switch covers as well. It doesn't go bad so maybe it will help if a straggler comes in. Recently got a chem called Tempro to replace the DE. Lasts the same but supposed to kill faster.
Looking into getting a big sprayer for more coverage outside. Have yet to decide if I want to deal with it on multis, but I can see the treatments assisting in keeping the places more pest free.
I have the tenant initial and date the bottom of each page, even the ones where they have to sign. Do you have them sign each line item as well? --107.147.xx.xxx
pests/vermin clause (by Morgan [MA]) Posted on: Dec 4, 2022 11:16 PM
Okay, somehow my prior post never showed up.
Brad, I don't really understand your last sentence, about the "Tip: they complain to the judge about condition,not the unpaid rent!"
You say that in your state, landlords of multis are responsible for pest control, but then you seem to say that you have the tenant be approved $20 for them to do it and you will reemberse them if they give you a receipt proving purchasing the same. So what if the problem is not solved? Often even exterminators have to come back multi times.
It seems to me that you would possibly put yourself in a dangerous situation of them possibly not applying it or actually applying it, but not applying it correctly. and perhaps creating a dangerous situation,.. And I'm not sure how this would work in a multiunit as if one person has a infestation it would often generally spread to others in the building.
I would think it would be better if you had a clause that after a certain amount of time after move in, in which place was considered pest free, that they would have to hire an exterminator to a professional job.
I see that some people are suggesting that even if it is in a signed rental contract which you both agree, sign and initial that it would not be enforceable? I thought anything agreed upon in a contract, as long as it's not blatantly illegal, is enforceable.(I might see in a multi it might not work,.) --185.202.xxx.xxx
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