fleas - - Landlord Forum thread

fleas - by Maryann (NH) on July 30, 2010 @17:45

So the tenant told my husband a couple weeks ago she had hired a professional to exterminate fleas. It was the first we heard of it. She has a cat. Today she emailed me and told me she was hold back the cost of the exterminator from the rent!!!

She's the only one in the building with a cat. The downstairs tenant has a dog and has never complained of fleas..

What is my responsibity here if she didn't notify me and get authorization? I have nothing in my lease about pests, only that she has to maintain the apt clean. She claims fleas were from previous tenant which I don't believe because we had a flood and the apartment was completely gutted before she moved in.

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Re: fleas - by Monipenny on July 30, 2010 @18:05

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She has a cat, then the fleas are hers, however you should have a pest control policy in your lease. She can not deduct the cost from her rent, not without either first your permission or a written complaint about the problem in the first place giving you the opportunity to do the job.

If she deducts from the rent, serve her the appropriate pay/quit notice, you may have to refund the partial rent for the eviction to hold in court if she does not pay the full rent.

Re: fleas - by Eric (MN) on July 30, 2010 @23:11	[ Reply ]
In a multi-family unit, I believe it's the landlord's responsibility. In a SFH, it's the tenant.

Re: fleas - by Anon (Ohio) on July 31, 2010 @05:14

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A tenant cannot hold back rent for repairs they made or even something like fleas. She needs to have the cat treated, or at the very least a flea collar...
Seriously?!!?
You have no responsibility here. Have you considered a stern letter stating rent cannot be withheld for unauthorized repairs or incidents of bugs or pests? I would probably suggest this on a cure or quit notice. Or better yet, just hand her a cure or quit notice, and a highlighted copy of the lease with the section highlighted that gives her the responsibility in maintaining the apartment and the cleanliness of the apt. And schedule an inspection of the apt. Follow up, because when she moves, you will have to vacuum, sprinkle flea powder on the carpeting, and probably consider using a flea bomb,
Make a copy of the email, in case you need it to show an eviction lawyer, or the court. It sounds like she feels she is in control of the landlord-tenant agreement. Or feeling overwhelmed with what a professional exterminator can charge for a flea infestation.
The tenant downstairs will not complain about fleas if they regularly treat their dog for fleas. Some pet owners use the liquid , once a month treatment, that is available at the pet stores and through the veterinary offices.
Cats are worse about fleas than the dogs, in my experience.

This tenant is making a big mistake, which is confusing reapairs and upkeep with her rental obligation.