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I live in California and I just moved into a rental (house) in April 2015. Since I have moved in my children have fell through the yard into gopher tunnels, twisting their ankles (nothing ER worthy so far). I contacted the LL and rental company both with photos of random piles of dirt around the yard and they have send pest control out once every two months to lay gopher bait, but no luck and now the yard is really sinking in areas and I'm worried that my kids or myself may get hurt if we fall through the yard.
Their was no mention of gophers when I signed the lease, but in emails since I moved in the LL has admitted they had a gopher problem before I moved in and they thought it was handled.
What are my rights as a tenant, I have the tenant rights book but I don't fully understand what its saying as outdoors and gophers are not mentioned.
I don't have the money to move right now. I'm already tied up in court with a previous LL over habitability issues from my previous place (door was split open for 8 months, water damage to unit due to sprinklers spraying through, she would always just shrug it off) I moved here to get away from issues and now this is happening.
I'm seriously worried the yard is going to just collapse there are so many soft spots and tunnels and holes now from just our feet. I have to take my dog out on a leash to potty in my own yard because I'm afraid he will dig, get bit and get sick. Ugh....
Can I move?
Can I stay and not pay rent till I can move due to the danger of the vermon and the danger of the yard? (I'm a stay at home mom of a child with Autism, we don't have anything in savings to just leave right now)
Can I withhold rent until the property is habitable?
All the LL says is they can't promise to fix the problem.
I wouldn't have rented here and spent all my money if they would have told me about the gopher problem.
Gophers aren't that easy to get rid off and your landlord IS addressing the issue. That's all you can expect them to do.
You are free to move anytime to you want. Just read the early termination clause in your lease and follow it to a T. If you're looking for a free ride here, it's not going to happen.
No, you can't withhold rent. If you do, you'll be evicted.
Recommend Carl Spackler, a true expert in gopher control for residential and commercial properties. Used to work out of Bushwood CC back in the day, may still be in business. Can also replace your grass with a great hybrid that's legal in your state.
No, you can't live there for free because there are gophers.
No, you can't withhold rent because there are gophers.
What you can do is to get online and find out how to get rid of gophers and get to work. Between what you do to get rid of gophers and what the landlord is currently doing, that should reduce the gopher population.
Check around and see if there is anyone in the area that has the propane system for getting rid of gophers. If you can find someone, then give the information to the landlord and maybe he will hire it done.
Probably there are gophers in the neighboring properties, too, so new gophers will move in as fast as you can kill the current ones.
There are various sources of free help you can try...... government/ local agencies, free legal advice from actual attorneys, etc.
You can ask a landlord tenant attorney whether gophers qualifies as a habitability issue.
Habitability guidelines are not black and white.
The fact that LL has hired pest control may limit your remedies. Pests are not uncommon, and pest control takes time.
Your pest situation is one of the better ones. Some people have to deal with roaches and rats INSIDE the house.
In your situation, all you really have to do is not use the yard. Train the dog to poop somewhere else, on a newspaper on the concrete perhaps.
You can't use the yard anyway when the traps are set. If you're stomping around in the yard while the baits are set, you'll bury the bait. You're not helping the situation if you're collapsing the gopher tunnels by letting your kids and dogs stomp around.
Maybe that's why your gopher problem isn't solved.
If I were LL, I would probably let you out of the lease.
As a LL, I cooperate with tenants, but I don't want to deal with tenants whose first thought is to try to live there for free. It's ironic because when a rental is free, all of a sudden it becomes habitable.
If LL is not remedying the situation effectively, you may be able to call in your own pest control (assuming more effective, with guarantees) and deduct the cost from the rent. But again, this is tricky because the LL's pest control may actually be effective, but your family's daily routine may be hampering its effectiveness.
The other thing you all must do is eliminate any food sources in the yard. Gophers like to eat fat juicy weeds and veggies, so if you have any, you must get rid of them.
Last edited by oh come on!; 07-10-2015 at 01:37 PM..
When then they decided to show up at my home... I used a garden hose to flush them out and my dog pounced on them... was not expecting that at all.
Anyway... end of problem and just stepped down the mounds and was good to go.
There are some rural areas around here where gophers are just a fact of life... especially during times of low rainfall... they are looking for greener pasture.
Often for single family homes, pest control could be the responsibility of the tenant, unless an interior infestation that causes unsafe living conditions.
Often apartment complexes handle inside/outside pest control, but homes don't usually come with landlord paid pest control.
Check your lease to see what it says.
Last edited by sware2cod; 07-11-2015 at 02:48 PM..
A dog can be the best at getting rid of gophers and moles... sometimes the mere presence is enough to send the little guys looking for new digs.
As far as collapse... the typical run only has a diameter of a few inches... not much danger of sinking... at least not past the ankles.
I've found that renting or owning a single family home not to be a good fit for some people... they are much better off in apartment style housing where there is onsite staff from maintenance to gardeners.
It reminds me years ago when I managed a very nice place a few miles outside the city limits on 1+ acre... the family was so excited about renting a home in the country and having fresh air for the kids, little traffic... etc.
On the day we were to sign the lease... they backed out... it was just getting dark and several turkeys walked past in the yard... the wife was terrified... I mean terrified... and then as they were leaving she could not believe how dark it was... well, no street lights in the country...
I looked at it as dodging a bullet... they were highly qualified and with outstanding credit... they really wanted not to have an apartment and his assignment was for two years... so they were not looking to buy...
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