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Old 09-28-2012, 09:01 AM
 
Location: NYC
1,723 posts, read 4,096,877 times
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I have to agree with the poster who said to ask the tenants what they want. If they want out of the lease, let them out of it. If they're that afraid of mice, and I can't blame them, then they'll probably blame any illness the have on the mice.

If they want to stay then try and find out where these mice are getting in.
Have someone check where the pipes come into the house and have those areas closed up.

and hire a different pest control company if you don't trust the one you have now.
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Old 09-28-2012, 09:21 AM
 
4,566 posts, read 10,654,191 times
Reputation: 6730
Quote:
Originally Posted by Captain Bill View Post
Our lease calls for the tenant to be responsible for pest control.
Despite what the lease says, some states/cities have laws on how long the landlord has to deal with pest control once its reported by the tenant, and you cant enforce a clause that is illegal.
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Old 09-29-2012, 10:21 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 14,777,192 times
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Quote:
Originally Posted by 399083453 View Post
Despite what the lease says, some states/cities have laws on how long the landlord has to deal with pest control once its reported by the tenant, and you cant enforce a clause that is illegal.
You are correct; state law will trump leases, and each state will be different. I'm only referring to our leases in Arizona. Also, a pest issue in a single family home may be treated differently in an apartment building. A tenant in a sfr may have attracted mice by leaving food crumbs for mice. This issue can be resolved by cleaning up the area and placing a few traps. Roof rats would be a different story also, and that would be an owner problem.

In an apartment building, an infestation of roaches and rodents would become an owner problem because they will spread to other apartments, regardless of who caused the infestation.

In the standard AAR lease, which is drafted by the AAR in conjunction with Michelle Lind, Esq, the AAR general counsel, there is a check box where the landlord and tenant agree, by checking the appropriate box, who is responsible for routine pest control. As the property management company, I require that the tenant be responsible. And this is legal in AZ.

However, if the landlord is aware of pest issues prior to a tenant occupancy, such as scorpions in our area, the landlord is responsible for taking care of that issue prior to tenant move in, and disclosing that fact on the Owner/Landlord Property Disclosure form. Then, according to the lease, the tenant is responsible for the continuing routine pest control.
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Old 09-29-2012, 05:15 PM
 
8,573 posts, read 12,405,577 times
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I would never use D-con or any type of poison. A poisoned mouse will crawl into your walls to die...or it could go outside and be eaten by a bird (hawk, crow, etc.) which will then most likely die as well. Same situation with cats or other predators (although I have no great empathy for cats which are allowed to roam outdoors, eating birds and other wildlife). I wouldn't recommend using poisons if kids or pets are in the house, either.
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