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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37097
Experience:  Attorney over 16 years, landlord 26 years
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The house we've rented out had a dead animal in the bush

Customer Question

The house we've rented out had a dead animal in the bush over the patio cover. The dead animal was there for a Long while to be rotten to a vary bad stench, pile of maggot and flees.
The tenant somehow did not notify us of the situation, until their daughter had to go the hospital on an emergency due to the flee bite. Now the tenant wants a restitution.
While we feel sorry for what happened to their daughter, should we as the landlord, be responsible for the situation?
The bush was cleared up the next day they notified us. in that time, the dead animal with the stench and the mess, was found and cleaned up including extermination of the flees.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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While we feel sorry for what happened to their daughter, should we as the landlord, be responsible for the situation?

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I would opine no, as you presumably didn't kill and put the animal in the bushes, and you had no idea it was there since the tenant decided not to mention it to you. They had to have smelled the odor and known that something was there and they were negligent in not reporting it to you so you could take action.

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The fact that daughter was bitten and had to go to the hospital is as much an act of nature as it is due to their negligence in not notifying you and letting the animal decay to a point where it was a potential health hazard.

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So since you had no notice, and did act promptly when you did get notice, I see no liability for you here.

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thanks

Barrister