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Old 05-29-2012, 02:09 PM
 
1 posts, read 2,215 times
Reputation: 10

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I am currently two months away from finishing my lease at my apt here in Fay, AR. I love this apt! Even to the point of weathering through all of its run-down quirks, expensive electricity, and overpriced rent (because it's very cute) but I can't do bugs and I can't do mice. My landlord lives in L. Rock and only comes down every two months, which is fine, except I can't wait anymore. I recently got bit by a flea a couple nights ago (I had cats which could have brought fleas in but I took them to my mom's nearly three weeks ago because I went on a trip and they're still there... and I never had fleas before) and now I have a horrible rash on my hip (yes, I'm going to the doctor tomorrow) and while sitting at my desk today (and even as I type right now) I hear things crawling in my walls (big things).

So, all that to say, I now know where the fleas came from and I'm guessing I got something via flea bite from diseasy-mice. Also, I found a black widow in my living room two days ago and called my landlord--no answer, hasn't called me back. I called my landlord two weeks ago before I left on my trip--he didn't answer, hasn't called me back. I called again today about the mice and when I left my message on his machine it cut me off and said the answering machine was full. I called back to finish the message, and it was, in fact, full. The bugs are out of hand and now I have mice and diseased-fleas. I took my rose colored glasses off, and started noticing things about the apt that are not so good, such as NO SMOKE ALARM. The yard in front and back are so overgrown I'm afraid snakes are going to start coming up on my front steps. I can't stay here anymore. My mom told me to bug bomb, which I'm going to do tonight and stay with a friend, but that's not going to do anything about the mice, or the yard, or the lack of smoke alarm.

So, ultimately my question is, can I break lease if he doesn't call me back by beginning of next month? And having researched about absentee landlords, I now know tenants don't really have rights in Arkansas, so if he tries to take me to court, will I get the short end of the stick? I've been an excellent tenant, and I think that's why he's left for so long, but I'm tired of being abused. Nice girls always finish last.
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Old 05-29-2012, 03:08 PM
 
Location: Beautiful Rhode Island
9,285 posts, read 14,892,417 times
Reputation: 10348
Read your lease. Who is responsible for pest control? It might be you if the apartment was pest free when you rented it.

Phone calls to a landlord are not notification. You must send a certified letter.
Each state then has a prescribed number of days for the landlord to answer.

If you just up and leave, most likely you will be liable.
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Old 05-29-2012, 03:09 PM
 
Location: Little Rock AR USA
2,457 posts, read 7,378,164 times
Reputation: 1901
Quote:
Originally Posted by magnoliatree View Post
I am currently two months away from finishing my lease at my apt here in Fay, AR. I love this apt! Even to the point of weathering through all of its run-down quirks, expensive electricity, and overpriced rent (because it's very cute) but I can't do bugs and I can't do mice. My landlord lives in L. Rock and only comes down every two months, which is fine, except I can't wait anymore. I recently got bit by a flea a couple nights ago (I had cats which could have brought fleas in but I took them to my mom's nearly three weeks ago because I went on a trip and they're still there... and I never had fleas before) and now I have a horrible rash on my hip (yes, I'm going to the doctor tomorrow) and while sitting at my desk today (and even as I type right now) I hear things crawling in my walls (big things).

So, all that to say, I now know where the fleas came from and I'm guessing I got something via flea bite from diseasy-mice. Also, I found a black widow in my living room two days ago and called my landlord--no answer, hasn't called me back. I called my landlord two weeks ago before I left on my trip--he didn't answer, hasn't called me back. I called again today about the mice and when I left my message on his machine it cut me off and said the answering machine was full. I called back to finish the message, and it was, in fact, full. The bugs are out of hand and now I have mice and diseased-fleas. I took my rose colored glasses off, and started noticing things about the apt that are not so good, such as NO SMOKE ALARM. The yard in front and back are so overgrown I'm afraid snakes are going to start coming up on my front steps. I can't stay here anymore. My mom told me to bug bomb, which I'm going to do tonight and stay with a friend, but that's not going to do anything about the mice, or the yard, or the lack of smoke alarm.

So, ultimately my question is, can I break lease if he doesn't call me back by beginning of next month? And having researched about absentee landlords, I now know tenants don't really have rights in Arkansas, so if he tries to take me to court, will I get the short end of the stick? I've been an excellent tenant, and I think that's why he's left for so long, but I'm tired of being abused. Nice girls always finish last.
Call the health department about the vermin and call the fire department about the lack of smoke alarms. Can you break a lease? I know no facts, but I doubt it. If you are only two months from the end of the lease, staying with Mom or friends for the rest of the lease will be an imposition on them, but a possibility, or even rent a space somewhere else for the remainder of the lease will be cheaper than the anticipated court costs, and possibly still have to pay the remainder of the lease.

And, if the fleas came from your cats, they will be there long after the cats are gone. They live "forever". Good luck in a bad situation.
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Old 05-29-2012, 04:34 PM
 
Location: Tijuana Exurbs
4,537 posts, read 12,398,619 times
Reputation: 6280
You are two months away from the end of the lease. It would be far easier to just tough it out for the next 8 weeks and stay until the end. Spend these weeks wisely, search for the right rental, and take your time before you decide.

As for the fleas, could have come in on your pant leg, your cats, or as you are guessing, the mice inside the walls.
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Old 05-29-2012, 04:40 PM
 
Location: Ohio
3,437 posts, read 6,072,515 times
Reputation: 2700
It may be easier and less expensive to just ride out the lease ..

Smoke detectors are probably required for rentals by law in your city.


The fleas may be rodent fleas(think Bubonic Plague or Hanta), not cat fleas.

Last edited by Trackwatch; 05-29-2012 at 04:48 PM..
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Old 05-29-2012, 06:28 PM
 
2,879 posts, read 7,776,857 times
Reputation: 1184
the yard might be your responsibility, too. Mice wouldn't still be there if you hadn't been feeding them.
Mice are a lot easier to get rid of than roaches. How could you have had a cat and still had a thriving mice population?
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Old 05-29-2012, 10:02 PM
 
Location: Chicago, IL
697 posts, read 1,774,556 times
Reputation: 703
Like you said, a few good dry bug bombs (they are cheap) will take care of the fleas. If you have pets and the apartment got fleas, I'm pretty sure they're going to tell you it's on you. I'm surprised you're in an overpriced place in Fayetteville considering how affordable that rental market is (for some pretty nice options!), but an absentee landlord is certainly a problem. The smoke alarm situation is probably illegal too, but I don't know how much of a hassle it would be to break the lease if your landlord is somewhat litigious or generally a jerk. The sad truth of the matter is that if you're not really careful upfront and end up in a place with a good reputation or a really good landlord, you can end up having to suffer through.
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Old 05-30-2012, 01:12 PM
 
602 posts, read 1,515,623 times
Reputation: 306
Re: fleas--Flea eggs can lay dormant for up to 2 years! This info courtesy of my vet. Eggs will hatch at just the right temp and humidity. I'd take the bet that when you were out of town it created the perfect storm for hatching!

The ticks and fleas are already horrible in F'ville. Regardless if you have an inside or outside cat, treat them (oops, got to go take care of my indoor kitties!). Last week a tick crawled up my flip-flopped foot as I was crossing a freshly mowed lawn.

Go to Wmt, pick up some flea bombs. They come in a 2 pk for less than $10.

On to other issues--if you are renting a single family home, I do not believe there is any kind of law that necessitates a smoke alarm; multi-family (apartments), yes. You could pick up a battery operated smoke alarm while you're at Wmt. Save your receipt and see if the landlord will reimburse you.

Mice?! Are you certain it is a mouse/mice? Mice only need a space as round as a pencil eraser to enter. Gross, huh? They only enter when there is food and water (still trying to figure out where the food was that attracted the mouse I killed last weekend in my outdoor storage area). Again, buy some baits and glue traps. Save your receipts AND save any "evidence". A dated photo will suffice

Black widows-- I've found several myself this year. Unlike the brown recluse, the black widow really doesn't like to be found.

Yard--Who has taken care of this in the past? If it is the landlord or someone is has hired, you can call the City and report a code violation. The City will come put a lovely blue violation sign on the property and the property owner has xx amount of days to remedy. Now the grass has to be approximately knee high.

Lease--With only two months left, I would encourage you to stay unless you are prepared to lose all your deposit AND still have to pay the two month's rent. Start looking for a new place. Send your landlord your "30 day written notice". You can state you will be leaving at the end of lease.


Now, my question--who does the "emergency" work for this absentee owner? If you were to have a plumbing issue--water pouring out--does he drive up from LR to fix it?
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Old 06-28-2012, 12:26 PM
 
5 posts, read 8,597 times
Reputation: 15
The laws on rental property are much less stringent for private owners than they are for properties receiving federal fundings, ie: Rental Assistance. However, I think the fire department would code violate a non protected residence that does not have a smoke alarm. They possibly might give you one and install it for you, I don't know for sure.
As already said, the city should get involved with lack of grounds keeping. In many cases of private landlord ownership, the pest control is the tenant responsibility. You may have to go that one on your own.
Now, being a retired property manager, I know the private landlords have some things going for their units that the professionals don't. The private landlord can design their own lease and even make you responsible for broken windows, etc. They can evict you for a lot of small things that would have to be fixed if you were under a property management company. You have little recourse with a private landlord. It is mostly a lease agreed on between you and they. Unless you just want a single family home, I would move into a professionally managed property, and there you get more service and consideration by the managers. One service is a Quarterly Pest Control service, where a contracted company comes every three months and sprays for bugs. However, your rules and regulations to live under are more stringent. Things like you can't walk out of your unit in your underwear, etc.
In most cases with a PMC (property management company) you can give them 30 days notice and get a refund on your security deposit if you leave the unit "ready for the next tenant" less FWT (fair wear and tear). You also in many cases have to pay for cleaning any carpets in your unit. Also, you usually get up to three warnings from a PMC where you can be booted and history with the slamming of the door by a private landlord.
Good Luck
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Old 06-28-2012, 02:10 PM
 
Location: Southern California
3,113 posts, read 8,377,103 times
Reputation: 3721
Buy a smoke detector yourself - they're like $10 - and no one should sleep in a house without one.

And buy some mouse traps.

To break a lease, when you only have two months left? Over two issues you could solve yourself with one trip to the hardware store? Doesn't make any sense.
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