landlord wont remove animal/pest from attic (2013, rental)

[virgode]

Originally Posted by unteagle

ok so Texas law specifically states:

Obviously a raccoon or opossum that could potentially carry rabies and a number of other diseases not to mention urine and fecal matter are a health and safety risk to tenants.


I see that if I follow all of the procedures that I can either have the repair done myself or take him to court for damages, etc. I'm thinking if I have the repair done and take it out of rent, he is just going to steal my deposit and I'll have to take him to court anyways. or he will end up billing me or putting a mark on my credit for not paying rent etc and I'll end up in a big legal mess.



I sent out the certified letter and he says it's my problem. Any advice, suggesstions, or anyone who has dealt with this.

If you are in a repair/deduct state, yes, you would have animal control or some other source remove whats living in the attic.

Then have the repair done and deduct costs from your rental payment.

Originally Posted by unteagle

mainly can the landlord kick me out after i sue him. Because i am on a month by month lease now.

That may come under retaliation and would require court.

[unteagle]

We don't have a close date, as we are looking? So that's the whole reason I was asking about the LL kicking us out. That would require us to make arrangements to stay elsewhere.

And Holly, it doesn't matter what the lease says. The lease doesn't pertain to pest control but Texas law specifically states that any items that are health or saftey issues are LL responsibility. I've already spoken to lawyer, googled the law, etc. and raccoon, opossums, etc are the LL responsibility as they can carry rabies, roundwork, and several other viruses/parasites.

And you must have missed the point of me saying I was month to month. Not that it changes the terms of my lease but that they can kick me out with 30 days notice so basically it's a lose lose situation. I either pay for removal or risk pissing the LL off and being kicked out.

Originally Posted by Hollytree

What does your original lease say about responsibility for pest control? It doesn't matter whether you are month to month now- the rest of the terms of the original lease are still valid.

[PacificFlights]

Originally Posted by unteagle

And Holly, it doesn't matter what the lease says. The lease doesn't pertain to pest control but Texas law specifically states that any items that are health or saftey issues are LL responsibility. I've already spoken to lawyer, googled the law, etc. and raccoon, opossums, etc are the LL responsibility as they can carry rabies, roundwork, and several other viruses/parasites.

You will want a second opinion from another lawyer cause it appears they missed the opening section that says that this type of "repair" can be waivered by tenant and landlord and can beome your responsibility (landlord can sue you for not fixing it if its int he lease) if certain provisions apply. Since you did not mention that the lawyer covered those items in detail to make sure they don;t apply, if the lawyer never discussed them with you, a second opinion is needed.

[SouthernBelleInUtah]

Yep. It is my understanding that month to month gives you 30 days notice.

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[dallas90210]

I am a landlord in Texas, and I can tell you when it comes to single family homes (multi-family homes / apartments tend to be different, but that is due to business strategy more than law) that many leases such as the Texas Association of Realtors lease and leases drafted by a real estate lawyer are written in a manner so that they are very pro-landlord. In most cases, the tenant is responsible for animal infestations and many - but not all - repairs.

For something like a major water leak, a sparking electrical box OR a door that falls off its hinges so that your house is exposed to the outside world - a landlord will always be responsible for fixing an issue like that. You found that portion of the law yourself.

But for an animal in the attic? That is questionable. Sure it's scary, but it's not hiding under your bed. It's up in the attic. You landlord could be correct in that you are responsible for remedying the situation. BUT ... to make sure ... the best thing you can do is look at your lease, and read it in detail. It's long and boring, sure, but it's worth taking the time to read it.

Some leases like the TAA (Texas Apartment Association) and TREC (Texas Real Estate Commission) leases do not contain wording that makes the tenant responsible for such things - if I recall correctly.

Either way, you are very lucky that you are on a month to month lease. I personally would tell him if he does not fix it, you'll give him a 30-day notice and move out per the terms of your lease. Don't threaten him or be mean, but just tell him that's your plan and you think it's fair. Most landlords are reasonable, and he'll need to get rid of the animal after you move out if he plans on leasing the place out again (LOL!), unless it's rather quiet most of the time. If he does not fix it / pay to get the animal removed, give him the proper 30-days notice and move out. That'll be the end of the story and he shouldn't be able to legally keep any of your deposit OR damage your credit as long as you cleanup you place and it's in decent condition when you move out (no holes in the walls, badly stained carpet, etc).

Good luck

[BstYet2Be]

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Your post here is a bit confusing, because from this other thread you started, you led us to believe you have your house on the market to sell and was looking for a month-to-month lease?

//www.city-data.com/forum/dalla...th-rental.html
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[galore]

I would hold off buying a house. Because what do you do if it turns out that a squirrel sets up shop in your future houses' attic ?!

[Squirl]

try placing moth balls in various parts of the attic....... I have had lots of luck with this method. Then when you stop hearing movement for a few days, go find where they were coming in and hammer boards over the opening. A box of moth balls is cheap and an effective repellant. I've had to deal with a variety of varmints over the years.....really you'll be ok. When you go up to the attic, make lots of noise and carry a flashlight. Unless you have a mountain lion in you attic, the creature will hide from you or scurry out.

[ETex2]

Pay attention to what dallas90210 and Squirl posted. Once you file a lawsuit, expect to be looking for a place to live since your LL will want you out.

[unteagle]

Looks like all ya'll were off...called a few more lawyers all who said it was LL responsibility if the city wouldn't remove the animal for free. filed all the paper work( sent certified letter, and a second letter not actual court paperwork), had the lawyer send paperwork to LL threatning legal action and he came and took care of the problem asap.

Still living in the same house, no threats to get out. In fact he's been very nice since and even asked if he could have a stroller we had sitting in our yard.

ended up being a family of squirrels. We had to leave the hole open because one of the babies ran off into the attic but eventually the mom came back and relocated all squirrels.