Rats in rental home. What are our options? (lease, waver, renters)

[kristin1]

We heard what could only be some type of rodent "scurrying" in our heating ducts about 2 weeks ago. Our landlord pays for regular Orkin pest control services, and I let the Orkin rep know when they came on a routine visit the following day. She shrugged it off and told me it was probably nothing. A few days later it becomes clear from the noises we are hearing that there is more than one rodent, and we found everything under our kitchen sink chewed up, meaning something came up through the plumbing.

My husband does all the repairs on this rental himself. We have a great relationship with him, and he has been very appreciative that we were willing to show his house for the nine months it was on the market ( he took it off the market last month). So despite my protest, my husband dropped rat poison down the vent. Of course the rats died in the vent, and the smell was unbelievable. We called a local animal trapper, who pulled 2 dead rats out of the vent. He told us there were probably many more in there, but that our vent system had multiple openings where rats could get in. He advised calling licensed HVAC workers to assess the extent of the problem and said all the ductwork likely needed to be redone.

At this point we attempted to contact our landlord, but he was in a remote location and did not get cell service there, sonhe did notbreturn our call for 2 days. The smell in the house was unbearable at this point, so we called licensed HVAC company and they evaluated the problem. They determine that the rats have disturbed the asbestos ductwork ( we were unaware we HAD asbestos ductwork). They tell us the rats have actually made nests of the asbestos in our vents and furnace. They insist I sign a waver stating that I have been informed there is airborne asbestos in the house and that under no circumstances should we turn on the heat.

Two days later, our landlord (also a contractor) comes over and inspects the situation. He tells us that although there is asbestos ductwork, the rats only disturbed the newer, flexible ductwork, so the asbestos is a non-issue. He is very upset with Orkin, since he pays for regular pest control and wants compensation from them. He tells us that he will send orkin back to get the rest of the rats, and then he will vacuum out the vents with a super vac.

Although he seems like an honest guy, I am having a hard time just taking his word for it. My husband wants to give him a chance to fix this problem, but i am worried about the health risk, especially since we have 3 small kids. We also have a very big security deposit that we cannot afford to lose. Our two year lease is up in February.

And I should add, our home backs up to open space and many of our neighbors have had problems with rats in their garages. These are field rats, not those huge urban rats that are associated with dirty living conditions.

Any suggestions for our situation?

[jasper12]

Sounds like he is working on the problem. I would stay there for now. Can you get a cat or dog? They might help with the problem...make sure the carpets are cleaned. Gross...sorry you are dealing with this...

[Beth56]

Orkin is not the problem. The problem is an antiquated asbestos wrapped duct system. The duct system needs to be replaced with fiberglass insulated ducts. And you should not be breathing the air from an asbestos wrapped duct.

The old duct system probably has holes in it from years of corrosion. That is why the rats were able to penetrate.

The landlord needs to have the old ducts and asbestos professionally removed by licensed asbestos abatement contractors, and then new ducts installed with fiberglass insulated ducts.

The licensed HVAC company was correct in their evaluation. It is a health problem. Do not use heat, air or whatever. And the house should be checked for other areas rats could get in and plug them up. Then Orkin can probably do their job. Otherwise, it will continue.

Sounds like your LL is trying to avoid fixing the real problem due to cost.

My husband is a retired general contractor. This is his recommendation. Others may not agree, but I wouldn't take the risk with little kids or myself for that matter.

[fay111]

I would definitely play hardball on this - sounds very dangerous. Since you have a good relationship with the landlord, I would first give him a chance to fix the problem. If he is not willing, I would tell him you are going to get an asbestos test done, and if it is positive, you will do whatever is necessary to protect yourself (such as calling local health officials, contacting a lawyer, etc.). No way would I stay there without this issue being looked into and properly fixed if there is loose asbestos.

[lifelongMOgal]

The landlord needs to determine where the rats are gaining access into the house. They have to get in before they can get into the ducts. Check around the exterior of the house and around the foundation wall at the sill joist for entry holes and get them closed off completely and immediately.

Need to have an HVAC company out to clean & sterilize the vent work. Besides bodies and droppings there is also likely nests within the vents, both return and supply. You need to be able to see written proof in a document from an inspector that the asbestos wrap has not been compromised, rather than taking the landlord's word for it. You do need to check with HUD in your state to find out your rights as renters as well as the health department.

Document, document, document, in case you need to move and get your security deposit back. In the meanwhile I'd make certain everything you own is in plastic containers that rats cannot get into.