How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10296
Experience:  Just Answer consultant at Self employed
Type Your Landlord-Tenant Question Here...
legalgems is online now
A new question is answered every 9 seconds

What can I do if my landlord is not taking care of a rodent

Customer Question

What can I do if my landlord is not taking care of a rodent problem?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  legalgems replied 1 year ago.

What state is this in regards ***** *****?

Customer: replied 1 year ago.
Expert:  legalgems replied 1 year ago.

Per code 83.51, rodent control is the landlord's responsibility:

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

There is a disclaimer stating that landlord is not responsible if the condition is created by the tenant:

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

If the landlord fails to remedy the situation it can be considered constructive eviction and the tenant can terminate the lease. It is considered a violation of the quiet use and enjoyment covenant inherent in all properties.

It is best to hire an attorney to ensure the landlord is in violation of the statute otherwise the tenant would be liable under the terms of the lease.

Customer: replied 1 year ago.
Do we send a letter of legal notice of the concerns of rats. We done corespondance by phone and emails with pictures of rat feces all over the housem
Expert:  legalgems replied 1 year ago.

Yes, written notice, preferably certified mail, return receipt requested, requesting the landlord to remedy the problem pursuant to the terms of the lease.

Expert:  legalgems replied 1 year ago.

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
so the site credits me for assisting you.

Thank you and take care!