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Old 02-09-2012, 01:43 PM
 
Location: Central NJ
633 posts, read 1,949,522 times
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If an apartment or home did not have problems with pest like bed bugs, stink bugs, cockroaches, mice or rats but then appear during a tenancy or after on inspection should the tenant be held responsible?

The infestation could be due to their travel, cleanliness, debris in the yard or what is usually view as harmless, feeding the birds?

I once infested my own home with moths because I brought into my basement a large bag of black oil bird seed.

Just feeding birds will attract all sorts of bugs, rodents and squirrels and then cats.

If no pets are allowed, should feeding wild cats be considered a violation of a lease?

What do ya think?
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Old 02-09-2012, 02:54 PM
 
4,918 posts, read 22,673,640 times
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The tenasnt is responsibe for the mitigation of pest infestation if:
1. They were the direct cause of the infestation,
2. State law doesn't exlude that infestation from one tenants is responsible for.

So bed bugs could be tenants only responsibility, while mice and raoches could be a landlord only liability.

A No Pets policy applies to keeping pets in the premise. It does not apply to feeding animals - thats a seperate item normally covered specifically in most professionally obtainned lease documents.
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Old 02-09-2012, 09:22 PM
 
232 posts, read 1,653,591 times
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My lease specifies that we are responsible for pest control. We hired a "once a year" company that came and sprayed the entire property. I hadn't noticed many outdoor bugs, but the very next day, walking outside, there was like a literal ring around the property of dead bugs, large roaches, wasps... it was pretty amazing, heh. And the company will come back when called.

I think our state law, or maybe just our lease, says that they'd be responsible for termites, since that isn't anything the tenant would control (right?)

I was also wondering about the "feeding wild birds" thing. We put a bird feeder out back, and every day it's awesome to watch the bluejays, cardinals, mockingbirds, doves, even a handful of crows and a pair of woodpeckers. I haven't seen an increase in pests on the property, but I'm not sure if we would due to the pest control measures taken.

Plus the wild cats. Our lease specifies no pets (but they allowed us to have our rats), so I was wondering what happened if a stray came and we fed him or her. I'm glad to know that it usually doesn't fall under the 'no pets' clause.

Something else I've vaguely wondered about: If you find a stray animal, what happens if you keep him or her overnight before dropping them off at the shelter the next day? Is someone with a 'no pets' clause prohibited from doing that? Or would any sort of Good Samaritan law prevent it? I'd think that you are more likely to have damage caused by a stray animal that you don't know, who is likely frightened and nervous at being in a strange place, than an actual pet.
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Old 02-09-2012, 09:36 PM
 
4,399 posts, read 10,666,516 times
Reputation: 2383
Quote:
Originally Posted by new jersey mike View Post
If an apartment or home did not have problems with pest like bed bugs, stink bugs, cockroaches, mice or rats but then appear during a tenancy or after on inspection should the tenant be held responsible?

The infestation could be due to their travel, cleanliness, debris in the yard or what is usually view as harmless, feeding the birds?

I once infested my own home with moths because I brought into my basement a large bag of black oil bird seed.

Just feeding birds will attract all sorts of bugs, rodents and squirrels and then cats.

If no pets are allowed, should feeding wild cats be considered a violation of a lease?

What do ya think?
Is it a single family home? If it is not, you will find most likely the state of New Jersey will make you responsible. If it is single family the tenant may be responsible.
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Old 02-10-2012, 10:43 AM
 
Location: Austin, TX
16,787 posts, read 49,046,364 times
Reputation: 9478
Quote:
Originally Posted by new jersey mike View Post
If an apartment or home did not have problems with pest like bed bugs, stink bugs, cockroaches, mice or rats but then appear during a tenancy or after on inspection should the tenant be held responsible?

The infestation could be due to their travel, cleanliness, debris in the yard or what is usually view as harmless, feeding the birds?

I once infested my own home with moths because I brought into my basement a large bag of black oil bird seed.

Just feeding birds will attract all sorts of bugs, rodents and squirrels and then cats.

If no pets are allowed, should feeding wild cats be considered a violation of a lease?

What do ya think?
Should they be, yes. However in some states the landlord is responsible for pest extermination when needed.

If the wild cats are not being allowed inside of the home, feeding them is probably not a violation of the lease unless you include language in it making it so.
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