I have a question about landlords.?

Question

We live in an apartment we rent. We have a very bad mouse problem. It has been that way since we moved in 4 years ago. Don't say clean the apartment because we are very clean, but we tried everything to get rid of them from cleaning everywhere to exterminators to mouse poison to spring traps. I have caught 11 of them in the past 2 months with the spring traps. What do I do about withholding payment of rent untill my landlord finally does something to get rid of them. She won't act on my suggestions to get them out. Should I stop paying her. if I do can she kick us out? I need some legal advice and I can't afford a lawyer.

Answer 1

The landlord does have a responsibility to keep the place in a safe, liveable condition. Here's the problem, though. You say you've had the mouse problem since you've moved in, yet you've lived there for 4-years. Why didn't you move out after the first year if it's such a huge issue? You can stop paying her, but she can sue you... it could get messy, but in reality, you do have the power. I'm a landlord, and when the tenant doesn't pay, you're screwed! If you want to look for the easy way out, say you're not happy and see if you can mutually agree to end the lease and just move somewhere else. If you want to play dirty, don't pay and say that she must get an exterminator before you will pay her. If she threatens to sue, let her know that she'll never win since no one should expect to live in a place of that condition. She won't want to deal with the costs, time, etc., and then might agree to either pay for the exterminator, or agree to mutually go your separate ways. I'd also recommend checking your lease and reading all of the fine print.. you might find some small clause that will help your cause!

Answer 2

Are you in the U.S.? If so, the landlord tenant laws for your state should be on a web site. This will tell you what you can and cannot do as far as withholding rent. You may consider contacting the Housing Authority (sometimes it is a state agency and sometimes a city agency) for help. The Health Dept. may be able to help also.

Good luck to you. You are correct, it has nothing to do with you being clean or not. There is probably a large opening they are getting through. My sister had that problem with a home she bought. She cleaned it up so nice and still had mice. Finally her husband find that the cement behind the porch was crumbling and they were getting in there. He repaired that and there have been no mice since.

Answer 3

The first thing you should do is call the housing code enforcement, health dept or whomever it is that is in charge of housing violations in your area and have them come out and write up your landlord. That way there is an official record of your complaint should you have to take this matter further, such as withholding rent. You should also take close-up photos of the dead mice and droppings as further proof.

She doesn't have to take your "suggestions" on how to get rid of them, but what she does have to do is work on the problem.

Second, the mice are getting in somehow. Buy a can of that filler foam and seal up all cracks around your pipes under the sinks, in the corners, behind the stove, around wall outlets, and absolutely anywhere they can get in. Buy those $3 door sweeps and put them on all your doors so they can't wiggle in or out. Unless you seal up every point of entry, you will never "get rid" of them.

You need to find out if withholding rent is allowed in your area, and what the proper notification procedure is. It is not allowed everywhere.

If you withhold rent or stop paying, you will be taken to court for non-payment and if you don't pay ... you will be evicted. If you have enough proof of the infestation and their lack of action, the Judge may grant you a small abatement but that is about it. For this you will need proof such as the violation report from the inspector and the photos. The Judge may order all of your rent held in escrow until the violation is corrected.

Whatever you do, do NOT spend the rent money. I can't tell you how many people come to my office thinking that the Judge will think they are special or that they have special circumstances that will absolve them completely of paying their rent. It just doesn't work that way.

Answer 4

Do NOT stop paying your rent!!! If you do this, you are setting yourself up for some real bad credit problems. Even though the landlord is not fulfilling the terms of the agreeement, you are not allowed by law to withhold rent. Definitely contact the health department, discreetly if possible. They will arrange to inspect the property after complaints are issued. If your lease is up, and your on a month to month basis, I would give thirty days notice and move somewhere else. If you are still on a lease, you can be held liable for the rent for the entire term of the lease. Give notice that you are moving, and cover your a$$. I would think that the health department would condemn the property if the problem is that bad, and that would free you from any legal liability for the rent.

Answer 5

I assume you have a lease. It should state what the landlord will do and not do and what is expected of you. If you don't pay your lease, there is a lot more she can do to do besides evict you. She may be able to accelerate lease, late fees may accrue, and worse. She should appreciate you since you have been a tenant for some time and I would try to negociate. If you cannot get relief, you can contact the Health Department and they should pass you along to the right place to get help. If you don't have a lease, move.

Mouse hints: I live in a place with abundant mice and rats. When the water comes up they move in and so I have a constant battle. Inside patch all holes with a mixture of steel wool(buy it a the dollar store), joint compound and rat poisen. It should become blue. If they eat thru it once, they won't eat thru again. Cover this with plain joint compount and paint. Patch all outside holes with same if she won't fix them properly. Be careful of the poisen and children/pets. Very cheap, very effective. Leave no food especially pet food, bird food out.

Answer 6

LOL....my sister had the same problem. She saved all of them and put them in a lidded coffee can and left them at the door of the landlord with a note. Needless to say, he took care of the problem. Send a certified letter before doing anything like this. Withhold rent as a last resort and upon notification. But you will need to still put the rent in an escrow account and inform your landlord that it is in that account (with the number) pending a resolution to the problem.

Answer 7

Contact the health department about the rodent infestation. That is a community health problem, typically, as well as your own personal issue to address.

As for the rent, you must go through a court to establish an escrow account. You do NOT get to not pay your rent, you pay to the court, who holds until the landlord gets their act together and fixes the problem.

Answer 8

The mice are getting in from somewhere, look for small usually round holes, behind stove, frig, dishwaher, washer/dryer, any and all holes you find, stuff the holes with wire mesh, this can be found at your local hardware store, or grocery store, they are like scrubbies ised for pots & pans. Mice cannot chew threw, and therefore will go elsewhere.
Do not with hold the rent, 2 wrongs don't make a right, and you will be giving her grounds to evict you!

Answer 9

Lots of good suggestions above: I just want to follow up on the one about getting a cat. My parents never had a problem with mice while my Mom was alive, but after she died, Dad has had major difficulties. Then it occured to me that Mom usually had 3 to 5 cats, while Dad is not an "animal person" (I took the cats after Mom died) and so no cats on premises. So he does live with some mice in the walls, while we got busy caulking as many cracks as we could (they can squeeze through amazingly small openings). One note re getting a cat: do NOT use poison if you have a cat. One of our cats died a tragic agonizing death from having eaten a poisoned mouse (not our poison, we wouldn't have used it). Keep up the good suggestions, but I just wanted to speak to that one.

Answer 10

In Washington State you must give the lanlord written notice of the concern.
Then, depending on the concern, you have to let a certain amount of time go by and then you can hire a private party to take care of the problem and take the charges off of the rent.
There is a tenant landlord act in Washington and I bet there is one in your state too!
Visit your state's web site and see!