Re: Rats/Deposit - Landlord Forum thread 352456

Re: Rats/Deposit by Garry on May 26, 2017 @18:00

Start repairing the damages, set traps for the rats, and get your place rented out again. Whatever the former tenants owe you, you need to decide if you want to sue them in small claims court for that amount. They don't have much of a defense about the rat problem, since they were still able to live there. If their "lives were in jeopardy" they should have moved out as soon as they knew about the rats. But they didn't. They continued to stay there, living normal day to day lives. A judge will see right thru their defense. Take them to court.

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Re: Rats/Deposit by Anonymous on May 26, 2017 @18:47	[ Reply ]

"They don't have much of a defense about the rat problem" Are you now a lawyer? Do you know what Texas requires of the landlord in pest control? A tenant does not need to move out every time a habitable problem arises! The landlord has failed to keep their rental property pest free. That's a violation of both the lease and State law just to start. Your advice may cause the ex-tenants to file suit and then if they win a reduction in any amount the landlord claims as damage, they will be the prevailing party, who will be entitled to at less attorney fees which must likely be more than the damages claimed. And yes they do have a great defense about the rat problem. Quit giving legal advice or opinions that may mislead the landlord!

Re: Rats/Deposit by June (Texas) on May 26, 2017 @19:40	[ Reply ]

Anonymous what would you suggest?

Re: Rats/Deposit by Anonymous on May 26, 2017 @21:08	[ Reply ]

First you should read and learn Texas Housing Code. Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. This section states the landlord has just a short time to remedy a repair or the tenant can deduct from rent or take the landlord to court. The minimum penalty for failure to repair an issue that affects the tenants safety is one months rent plus $500, court cost and attorney fees. Texas courts take the position that such repairs should be done within one week unless the repair necessitates a slightly longer period. As the landlord, you should be looking at an "exclusion" service, not just setting traps. That is a service where the pest control company will completely rat-proof (or critter proof) the house, covering all possible points of entry. Then they will trap the rats, and no more will be able to come in. In Texas, they typically migrate in from trees touching the property or brush/junk piles nearby. Those should be cleared/remedied. If they are just setting traps, it would be a temporary solution at best. You will have to determine if the risk of a counter suit out-ways the demand for damages. Such a slow response by both you and the management company may be held against you in court if it goes there. The situation calls for a compromise or an agreeable settlement to avoid court. Or you can just accept the damages and look into a more responsive management company that reacts quicker to habitability issues. Their failure to act in a timely manner has put both your extenants and property at risk. Rats have been know to chew on the electrical wiring causing shorts and fires.

Re: Rats/Deposit by Garry on May 26, 2017 @21:18	[ Reply ]

Yes, anon, as June has asked you, what WOULD YOU suggest ??? You seem to be very good at FOLLOWING me to every post, and enjoy picking apart my answers and opinions, but you NEVER answer a single OP, EVER!! I DARE you to answer June's question to you, DIRECTLY to her.

Re: Rats/Deposit by Anonymous on May 26, 2017 @21:23	[ Reply ]

Responding just like a 15 year old.

Re: Rats/Deposit by Anonymous on May 26, 2017 @21:43	[ Reply ]

Apparently while you were contemplating your normal bullying response, you did not notice that anonymous did in fact provide an answer, a very good answer. Supposedly it has occurred to you that there are more than one anonymous that disagrees with your opinions. They have the right to do so and also the right to use any name they chose to use. Reminding you again, you are not in charge of this forum, nor are you in control of how and what posters post. If you disagree, why don't you just email the owners of this forum and complain!

Re: Rats/Deposit by Anonymous on May 26, 2017 @22:03	[ Reply ]

Feeling a little paranoid are you?

Re: Rats/Deposit by Anonymous on May 27, 2017 @04:40	[ Reply ]

Again, bullying others for their opinions. You sound like you're either on drugs or drinking, with your ranting!