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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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I own a rental property in Ohio. I have been having problems

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I own a rental property in Ohio. I have been having problems with a woodpecker (bird) that keep creating holes in my wood siding. Is it legal to ask my tenant to shoot it with my beebee gun? I tried all sorts of things that are recommended to chase away woodpeckers and nothing worked. It is costing me arm and a leg keep repairing the woodsiding

Good afternoon John,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I certainly understand your dilemma. I have a number of large oaks on my property and there are a couple of resident woodpeckers. They tend to be aggressive and feed at the feeders---driving even larger black birds away. Fortunately with the big oaks, they have yet to attack the house.

Unfortunately, woodpeckers are federally protected and their removal must be accomplished in one of a couple of ways: 1. By non-lethal repellents or 2. By lethal means and with a federal kill permit. Even trapping the birds is illegal absent the appropriate permit.

While it will cost some money, your best solution is to hire an animal control company to deal with them. Because your property is a rental, you will be able to write off the expense of the animal control service---but don;t ask your tenant to harm the birds. That could result in both of you having legal problems.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


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