I have a question about withholding payment of rent.?

Question

We have a very bad mouse problem. Don't say clean we are and do clean the apartment. I have tried everything to get rid of them. I have caught 11 mice in the last 2 months with spring traps,but they still are there. Can I withhold payment of rent untill my landlord finally does something about it. All she does is buy spring traps on the advice of her son. Please help me I can't afford a lawyer.

Answer 1

I would talk to the other tenants, if there are any, and ask if they have had as much trouble with mice as you have.

I would advise against simply 'not paying' the rent. That actually gives the landlord the upper hand, in the legal arena. You may be able to set up an ESCROW account, and deposit your rent into it. With this set-up, most state courts recognize this as still paying your rent, but you are requiring the landlord to meet certain conditions before he/she can collect it. It proves to the courts that you are not simply failing to pay your rent. (which could lead to eviction, and credit problems for you later) An Escrow account would have to have BOTH your name, and the landlords name on it. You cannot withdraw the rent deposited into it yourself. That is the rent that you are legally liable for, and must pay. But it does put the landlord in the position that they cannot collect it, until you are satisfied.

Now... mice problems in general... it is normal to see more mice in the fall.... they start coming in from outside to find someplace warm to live. They also multiply very quickly... often having a half dozen babies at once, and this cycle repeats every few weeks. You can, quite simply be overrun with mice in a very short time.

I advise against using poisons.... just as sure as you use D-Con, or some similar product.. that mouse is going to crawl into a wall and die... then youve got to deal with the smell.

I prefer using 'sticky' traps myself, instead of the old 'snap' traps. Put just a dab of peanut butter on it... they really like that, hehehe. The sticky traps usually come 4 to a package. They DO have bait on them already, I just find that peanut butter works better than what they put on them. Place them along walls, in cabinets, behind doors, etc... mice tend to run along a wall, or backsplash. Bottom cabinet drawers, the storage drawer on a stove, are also favorite places for them.

Put away any loose pet food, dont leave grease in an uncovered skillet, and if you have trouble with them chewing into chip or bread bags, use plastic containers.

Again, do not simply 'withhold' your rent.... if you feel you need to use a financial motivator, use the escrow account.

You might also think about contacting your local health inspector

Good Luck

Answer 2

In most States you cannot withhold payment of rent for any reason short of a tragedy such as a tornado and the building isn't there anymore.
First of all there going to ask you what your doing to solve the problem. You see this is part your problem, he'll say you've left food around, etc, etc. creating the problem.
In the cold weather they come in. I would if I was a mouse, wouldn't you? then looking for food your going to make a mess.

The best thing to use I found is "Decon" we'll put out about six boxes. That usually solves the problem. If you've put out live mouse traps good for you. It sounds like your doing O.K.

Keep on the landlord, he'll maybe furnish the traps but, usually that's about all. Holding back your rent could void your lease and get you evicted. I was a landlord. I had 125 condo units and did everything possible for mouse control but, you can't make everyone happy.

Answer 3

Talk to everyone in the apartment, see if they have problems too. Tell your landlord this had gone on for too long, and she needs to take serious action to get rid of the mice. Read your lease, you don't want to get evicted because you didn't pay up your rent. Also take it to the Department of Health if she refuses to do anything else.

Answer 4

You said that you live in an apartment, are the other tenants having the same problem? If so then maybe you can get together with them and ask collectivly that your landlord hire an exterminator. Point out to her that the mice are most likely causing damage within the walls of her property and will only get worse.

Answer 5

Look at your lease. Read everything carefully. It depends on what state you are in whether or not you can stop paying.
And you can always call the city health department and tell them what is going on.

Answer 6

Don't pay, save your rent $ and move!