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my deadbeat renters claimed,there are some squirrels in the attic in the rental property,so they refused to pay my rent,they claimed they are goning to pay the inspection and repairs without notice me,but I do not get them permission to do that by themself,when they give me the notice in writing ,I immidiatly went there,I do find some squirrels after they moved in eight month later,what should I do?I will file a eviction in one week because they could not pay their rent in full,do I need call a pest control person to treat the squirrels before I evict them?

2007-12-05 02:13:12 · 12 answers · asked by Anonymous in Politics & Government Law & Ethics

12 answers

There is some variance of landlord/tenant law in each state.

Generally, the tenant must inform you first of any defects, vermin, etc. Then you arrange for repairs, pest control, or whatever.

You should call pest control to correct the squirrel problem, and also begin the eviction process. This way you cover yourself fully. You will probably get stiffed for the back rent though.

In the future, I might suggest a management company (especially if you have multiple rental properties). I have found that using a property manager alleviates most of the landlord headaches.

Check management companies out thoroughly first though. Some are "highhanded" and have caused more headaches for property owners than they have fixed, because ultimately any lawsuit comes back to the property owner.

2007-12-05 02:26:37 · answer #1 · answered by Wyoming Rider 6 · 2 0

Well, this is the way it's supposed to go:

1. They report the problem to you and you take care of it. If done, then they continue to pay rent.

2. If you don't take care of it, then they send you written notice of their intent to do it themselves if you fail to do it within so many days. However, the rental law generally only allows them to deduct a certain amount from the rent per month--not the whole amount.

3. If the time passes and you haven't done anything, ONLY then can they hire someone to do it. And ONLY then can they deduct either the amount they actually paid for the service or up to the maximum monthly deduction, but in no case, can they withhold more.

Sounds to me like they didn't follow the statute and they're running a con on you.

I'd evict immediately, and not be afraid to tell anyone that calls for a reference that they are not eligible to re-rent. Don't say more, just that they are not eligible.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

2007-12-05 02:54:47 · answer #2 · answered by scottclear 6 · 1 0

-------I do find some squirrels after they moved in eight month later,what should I do?

In most states pest control is REQUIRED although maintaining things, such as small appliances, is NOT.

The fact you did not call pest control the second you found out about the squirrels is pure ignorance itching to
-------------harm your complex's reputation regardless of whether your tenants don't-pay/file-legal-suits/etc. IE it ultimately does not matter how legal/illegal your actions are EVICTING SOMEONE LIVING UNDER BAD CONDITIONS WILL HARM YOUR REPUTATION REGARDLESS-----------------

The tenants are paying for your service as a manager when you are a landlord...and it is your responsibility to do that well.
Only once they don't pay AFTER pest control has handled the situation effectively can you take plans to evict them without ruining your and your complex's reputation.

Not to mention pests can damage your building, the property value will fall drastically, people looking at the infested apartment are unlikely to agree to rent, you'll have to hire MUCH more extensive/expensive pest control if you don't handle it now...IN SHORT WAITING IT OUT IS ANYTHING BUT COST EFFECTIVE

2007-12-05 02:24:24 · answer #3 · answered by M S 5 · 0 2

well this can be difficult to deal with...but as a renter myself i am wondering how you handled the news when they first told you....pest control should of been called the day you first learned this information......THE DAY!!!!! If my landlord had time elapsed from when squirrels where found....i would be pissed and probably would of with held rent to....but i don't know where you live and the regulations......but here if there is a issue like that renters put money into an escrow account until the matter was resolved.........sometimes renters feel like they are
HELPING the landlord in fixing the problems...and other feel it is necessary to fix it themselves since the landlord has not taken immediate action.............i live in a place where the squirrel ate through the screen and came into our kitchen......the landlord did not even believe us the the squirrel did it and not us.......THANK GOD FOR DIGITAL CAMERAS AND CELL PHONE PICTURES!!!!!!

2007-12-05 02:20:05 · answer #4 · answered by mrslewis1123 2 · 1 1

Withholding rent is illegal unless a court has been involved and an escrow account set up. The rent is then put in the account rather than paid to you, until the problem is fixed. Get the pest company out, and file the eviction notice. It takes 30 days, minimum, to have them put out.

2007-12-05 02:21:09 · answer #5 · answered by sensible_man 7 · 0 1

You should have the squirrels removed as soon as possible regardless of the situation with the rent. It is never a good idea to let an infestation linger.

2007-12-05 02:25:26 · answer #6 · answered by Harbinger 6 · 1 0

I think you should have pest control come out and take care of the problem first and if they refuse to pay still then evict them

2007-12-05 02:17:48 · answer #7 · answered by bshelby2121 6 · 1 0

in the beginning, being States away out of your assets isn't a great concept. Assuming your tenant replaced into completely paid up and respectful of your assets, you need to be close sufficient to handle issues, to illustrate if plaster replaced into coming off a wall, you may desire to flow into the valuables to ascertain it, and then manage for fix. you besides mght ought to ascertain the valuables often for injury. Secondly, you need to ascertain the words of the touch you gave on your tenant, someplace it is going to state what happens if lease isn't paid and the type of days grace earlier action is taken. the main helpful way of dealing with this is changing the locks while they are out (yet another clarification for being close by), then they have 3 alternatives; a million) call you after which you tell them in the event that they paid the lease plus lock substitute expenses, you will provide them the hot keys and permit them to stay OR 2) settle directly to discover someplace else to stay leaving their assets on your assets (you could sell their assets to substitute your lease) OR 3) injury in on your assets. for sure, decision 3) is a criminal remember, yet some tenants take that risk.

2016-09-30 22:08:02 · answer #8 · answered by ? 4 · 0 0

Latraile is right, and don't listen to mrslewis' idiotic answer. Contrary to popular belief, in the majority of jurisdictions, it is NOT legal to refuse to pay rent over a problem with the property. You need to lawyer up and quick.

2007-12-05 02:23:08 · answer #9 · answered by enjyin 1 · 0 3

Go back to the country in which you were born and be a landlord there.

2007-12-05 02:22:23 · answer #10 · answered by Open your eyes 3 · 2 1

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