How do I get a landlord to uphold their end of the lease regardingpest infestations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get a landlord to uphold their end of the lease regardingpest infestations?
I own my mobile home but rent the lot. Under the lease agreement it says that the owners will take care of infestations.We have had a cluster fly problem; they are growing in numbers every year. The owners refuse to spray. I filed a petition last year and got at least 8 neighbors to sign, nothing was ever done. What can I do next?
Asked on August 11, 2011 Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the landlord, seeking any of the following: 1) a court order that he honor his lease obligation (as well as his obligation under the "implied warranty of habitability," if the flies are in fact affecting habitability); (2) monetary damages--compensation for living with the flies; or (3) *possibly* if the flies are bad enough, to get out of the lease (if you want to).
It may be possible to pay for extermination yourself and then withhold the cost from the rent, but this can be risky--done wrong, it can result in you breaching the lease and being subject to a lawsuit and/or eviction. If you want to go down this route, you're best off retaining a lawyer (you and the neighbors can split the cost) and letting the lawyer help you and communicate with the landlord.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.