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Prompt eradication of mice is required by most states. In Massachusetts, the LL is required to take appropriate action within 5 days of the report. What did you do when they told you about the mice in April? And is there a record of that (correspondence with the tenant, receipts, etc.)? Check your states laws, you may be behind the eight ball already. It sounds like the tenants have figured all this out already. Take verifiable action against the mice now. If you get an exterminator in NOW, they won’t legally be able to withhold rent. But it’ll take a week or two at least for a court date to evict. What do they mean by immediately moving out? You have no way of knowing when they are actually moving out until the van shows up. They may be trying to stall you from filing. I take it you only have a security deposit and not last months rent? Do not agree that they can use security for rent to make sure they still take care of the place and leave it clean. But also check your laws, you may be able to keep it for rent after they move out. Also start advertising the unit. You have a responsibility to alleviate your loss – aggressively. I had a judge who didn’t think advertising on Craigslist was enough (I haven’t found newspapers to be worthwhile). PS: it’s not just about cleanliness when it comes to mice. It’s also about accessibility. My neighbor, who is very clean, has mice since as there are small holes in her foundation where they can get in. Get rid of all their possible entrance points.
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