Re: Rats/Deposit - Landlord Forum thread 352461

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

Anonymous what would you suggest?

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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.